State v. Cockrell

Citations

• 2017 Ohio 1358

Syllabus

Postrelease control, void, operation of law, R.C. 2967.28, R.C. 2929.191. Trial court erroneously ordered defendant to serve a mandatory three-year period of postrelease control when the statute required that the defendant serve five years of mandatory postrelease control for a first-degree felony. The error resulted in defendant's sentence as it pertained to postrelease control to be void. The trial court could not correct its error pursuant to R.C. 2929.191 because the defendant served his underlying prison sentence. Postrelease control does not arise by operation of law and the language in R.C. 2967.28 does not save the imposition of a void period of postrelease control.