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· 5/19/2022

State v. Nascembeni

Citations

  • 2022 Ohio 1662

Syllabus

R.C. 2967.28(B) postrelease control R.C. 2929.19(B)(2)(d) sentencing hearings nunc pro tunc R.C. 2947.23 fines and costs. The trial court failed to advise appellant of the period of postrelease control at the sentencing hearing and of the ramifications for violating the terms. However, appellant has completed his sentence and the state lacks jurisdiction to resentence. The state concedes that the sentencing judgment entry does not accurately reflect the trial court's resolution at sentencing of the waiver of fines and costs and imposition of extradition costs. The case is remanded for the sole purpose of issuing a nunc pro tunc entry to accurately reflect the trial court's rulings. See also R.C. 2947.23(C).

Judges: Laster Mays

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.