STATE v. FISCHER

No. 2009-0897.

128 Ohio St.3d 92 (2010)

2010-Ohio-6238

THE STATE OF OHIO, Appellee, v. FISCHER, Appellant.

Supreme Court of Ohio.

Decided December 23, 2010.


Attorney(s) appearing for the Case

Sherri Bevan Walsh , Summit County Prosecuting Attorney, and Heaven DiMartino , Assistant Prosecuting Attorney, for appellee.

Timothy Young , Ohio Public Defender, and Claire R. Cahoon , Assistant Public Defender, for appellant.

Kelly R. Curtis , urging reversal for amicus curiae Ohio Association of Criminal Defense Attorneys.

Robert L. Tobik , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, urging reversal for amicus curiae Cuyahoga County Public Defender.

Mathias J. Heck Jr. , Montgomery County Prosecuting Attorney, and Carly J. Ingram , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.


O'CONNOR, J.

{¶ 1} In this appeal, we again address questions arising from a sentencing court's failure to impose postrelease control as mandated by the General Assembly. A sentence that does not include the statutorily mandated term of postrelease control is void, is not precluded from appellate review by principles of res judicata, and may be reviewed at any time, on direct appeal or...

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