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State v. McGee

Citations

  • 2017 Ohio 1363

Syllabus

Motion to vacate void sentence res judicata R.C. 2971.03 R.C. 2941.148 Tier III sexual predator automatic former R.C. 2950.09(A) postrelease control R.C. 2967.28. Trial court's denial of motion to vacate a void sentence was affirmed. Appellant's challenge relating to sexually violent predator specifications was barred by res judicata. Appellant's challenge to the length of his sentence was raised in a direct appeal, and R.C. 2971.03 was not applicable to the case. Appellant properly remained subject to postrelease control. The case was remanded for the limited purpose of vacating the Tier III sex offender classification and the automatic imposition of a sexual predator classification in accordance with former R.C. 2950.09(A).

Judges: Gallagher

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