State v. Pitts

Citations

• 2017 Ohio 7467

Syllabus

SENTENCING - POSTRELEASE CONTROL - ALLIED OFFENSES: Where the trial court failed to comply with the statutory postrelease-control-notification requirements when imposing prison terms for felony offenses, those portions of the sentences were void however, the trial court properly notified defendant about postrelease control at the resentencing hearing. At the resentencing hearing, the trial court only had the authority to properly impose postrelease control it did not have the authority to review the original prison sentences. The trial court did not err in failing to merge allied offenses on resentencing to properly impose postrelease control: the failure to merge allied offenses renders the sentences voidable, not void, and where defendant did not raise the failure to merge on direct appeal, he is barred by res judicata from raising the issue at a subsequent resentencing hearing to impose postrelease control.