State v. Donley

Citations

• 2020 Ohio 391

Syllabus

The trial court misstated the post-release control sanctions in Case Nos. 2014-CR-2391 and 2014-CR-3312. In Case No. 2014-CR-2391, appellant has already served his sentence, and the proper remedy is for the trial court to issue an order vacating the portion of appellant's sentence imposing post-release control. In Case No. 2014-CR-3312, however, appellant has not yet served his full sentence, and the proper remedy is for the trial court to issue a nunc pro tunc entry in order to impose the correct term of post-release control of \up to three years\ pursuant to R.C. 2967.28(C), to be served concurrently with the five-year term of post-release control in Case No. 2014-CR-1142. Post-release control was properly imposed in Case No. 2014-CR-1142. Notwithstanding the error in the imposition of sentence in Case Nos. 201-CR-2391 and 2014-CR-3312, the judgment entries of conviction constituted final appealable orders and were not void in their entirety. In Case Nos. 2014-CR-2391 and 2014-CR-3312, the matters are remanded for the limited purpose of correcting the judgment entries consistent with this opinion in all other respects, those judgments are affirmed. The judgment is also affirmed in Case No. 2014-CR-1142. (Hall, J., concurring.)