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State v. Montgomery

Citations

  • 2018 Ohio 5278

Syllabus

The trial court, at appellant's sentencing hearing, did not mention post-release control, and the sentencing entry does not accurately state the duration of the mandatory post-release control. Therefore, this portion of Appellant's sentence was not properly imposed and is void. Since Appellant has completed his prison term, he cannot be resentenced. The trial court, accordingly, erred by overruling Appellant's motion to vacate post-release control. Judgment reversed, post-release control portion of Appellant's sentence vacated, and remanded for the trial court to notify the parole authority of the vacation of post-release control.

Judges: Tucker

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