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STATE v. JORDAN

Nos. 2002-1888, 2003-0567.

104 Ohio St.3d 21 (2004)

2004-Ohio-6085

THE STATE OF OHIO, APPELLEE, v. JORDAN, APPELLANT. THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. FINGER, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided December 1, 2004.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Lisa Reitz Williamson, Assistant Prosecuting Attorney, for the state of Ohio.

Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant Jordan in case No. 2002-1888 and for appellee and cross-appellant Finger in case No. 2003-0567.

Eric Allen and Paul Skendelas, urging reversal in case No. 2002-1888 for amicus curiae, Ohio Association of Criminal Defense Lawyers.

O'DONNELL, J.

{¶ 1} In these separate appeals, which we have consolidated for opinion purposes, we confront conflicting appellate resolutions of the situation that occurs when a trial court fails to notify an offender about postrelease control at the time of sentencing but incorporates that notice into its sentencing entry. We are called upon to settle the issue as presented in the following two cases:

State v. Elven Finger: case...

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