State v. Perry

Citations

• 2021 Ohio 3525

Syllabus

Appellant appeals from his convictions for felonious assault and misdemeanor domestic violence. Although appellant has completed his jail term, the appeal is not moot due to the trial court's imposition of post-release control on both the felonious assault and the domestic violence. Because R.C. 2967.28 does not authorize post-release control on misdemeanors, the trial court erred in imposing post-release control on the domestic violence. The trial court's imposition of post-release control for misdemeanor domestic violence is vacated. Vacation of post-release control renders the allied-offense issue moot on appeal. The matter will be remanded for the limited purpose of the trial court's filing a nunc pro tunc entry without the imposition of post-release control for the domestic violence offense. In all other respects, judgment affirmed.