State v. Harper (Slip Opinion)

Citations

• 159 N.E.3d 248
• 160 Ohio St. 3d 480
• 2020 Ohio 2913

Syllabus

Criminal law—A trial court must include notice to a defendant that any violation of postrelease control will subject the defendant to the consequences for such violation provided in R.C. 2967.28—Failure of a trial court to include that notice in the sentencing entry does not render the postrelease-control portion of a sentence void—If a sentencing court has jurisdiction to act, sentencing errors in the imposition of postrelease control render the sentence voidable, not void, and the sentence may be set aside if successfully challenged on direct appeal—To the extent that prior cases held that the failure to properly impose postrelease control in a sentence renders that portion of the defendant's sentence void, those cases are overruled—Court of appeals' judgment reversed in part.