State v. McClendon

Citations

• 2022 Ohio 2830

Syllabus

The trial court did not err in its postrelease control notifications where the trial court accurately notified appellant of postrelease control as required by R.C. 2929.19(B)(2)(f). This is because, despite appellant's claim, the trial court was not required to advise appellant that if he violated the terms of his postrelease control he could be returned to prison in nine-month increments in accordance with R.C. 2943.032(A) as that statute applies only to issues of plea colloquies and not issues of improperly imposed postrelease control at sentencing. Appellant also did not receive ineffective assistance of counsel where his trial counsel failed to challenge the constitutionality of the Reagan Tokes Law at sentencing given that it had already been determined trial counsel's failure to raise the constitutionality of the Reagan Tokes Law does not constitute ineffective assistance.