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State v. Russell

Citations

  • 2018 Ohio 2571

Syllabus

The trial court erred in ordering defendant to pay a specific amount of restitution in its judgment entry when it failed to notify the defendant of the amount of restitution at the sentencing hearing. Trial court partially complied with Crim.R. 11 when it incorrectly notified defendant at the plea hearing that his sentence included a discretionary, not mandatory, three-year term of post-release control. Because the record does not demonstrate that defendant was prejudiced by the court's misstatement, defendant has not shown that his plea was not knowingly, intelligently, and voluntarily made. Judgment affirmed in part, reversed in part, and case remanded for resentencing on restitution only.

Judges: Froelich

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