State v. Evans

Citations

• 2017 Ohio 2767

Syllabus

POSTRELEASE CONTROL - SENTENCING: The trial court did not err in imposing postrelease control on defendant for the offenses of having a weapon while under a disability and carrying a concealed weapon where defendant had not served the prison terms for those offenses. Where the sentencing entry failed to explicitly set forth the sequence in which defendant's consecutive sentences were to be served, Ohio Adm.Code 5120-2-03.1(M) is instructive in determining that defendant was required to first serve the three-year mandatory prison term for the firearm specification, followed by the 15-year mandatory prison term for murder, then the aggregate of the nonmandatory terms for the weapon-under-disability and concealed-weapon offenses, and finally, the aggregate of the nonmandatory portion of the life term. [See SEPARATE CONCURRENCE: Where the order of the consecutive sentences imposed by the trial court in the sentencing entry aligns with the order set forth in Ohio Adm.Code 5120-2-03.1(M), it is unnecessary to decide which controls for the purpose of determining whether postrelease control was timely imposed upon defendant.]