State v. Harris

Citations

• 197 N.E.3d 993
• 2022 Ohio 3310

Syllabus

SENTENCING – POSTRELEASE CONTROL – APPELLATE REVIEW/CRIMINAL – R.C. 2929.191: When neither the state nor defendant had appealed the original sentencing entry, the trial court did not err in finding that R.C. 2929.191 applied and informing defendant about postrelease control, as well as the consequences of violating the terms of postrelease control, because even though the Ohio Supreme Court has held that the trial court's failure to properly impose postrelease control rendered the court's judgment voidable, not void, because the legislature has not amended or repealed the statute, the Ohio Supreme Court has not squarely addressed its continued viability, and a court cannot substitute is judgment for that of the legislature.