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Supreme Court of Ohio

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Court Asked to Clarify Re-Sentencing Process in Cases Where Required Term of Post-Release Control Omitted

State of Ohio v. Jason Singleton, Case no. 2008-1255

8th District Court of Appeals (Franklin County)

ISSUE: In cases where a trial court fails to include in its sentencing entry or to notify a criminal offender at the time of sentencing that he will be subject a mandatory term of post-release control, does R.C. 2929.191 allow the court to correct that error by simply adding the required term of post-release control to the offender's original sentence, or must the court vacate the entire sentence imposed at trial and pronounce an entire new sentence on the offender?