State v. Zachman

Citations

• 2023 Ohio 3661

Syllabus

The trial court erred in imposing post-release control (\PRC\) for failure to comply with an order or signal of a police officer, and the State concedes the error. Because his offense was a third-degree felony offense of violence, appellant was subject to mandatory PRC for up to three years but not less than a year. The trial court incorrectly advised him at sentencing that he \could be\ placed on PRC for up to two years, and the judgment entry incorrectly stated that PRC was optional for up to two years and could be increased to a maximum term of eight years. Further, the trial court failed to advise appellant at sentencing of the consequences of violating PRC. Although not raised by the parties, we conclude that the trial court also failed to properly determine appellant's jail-time credit. Judgment affirmed in part, reversed in part, and remanded for resentencing on PRC and jail-time credit only.