STATE v. BOSWELL

No. 2007-2373.

121 Ohio St.3d 575 (2009)

2009-Ohio-1577

THE STATE OF OHIO, APPELLANT, v. BOSWELL, APPELLEE.

Supreme Court of Ohio.

Decided April 9, 2009.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Thorin Freeman, Assistant Prosecuting Attorney, for appellant.

Timothy Young, Ohio Public Defender, and Kelly K. Curtis, Assistant Public Defender, for appellee.


MOYER, C.J.

I

{¶ 1} This case requires us to apply our jurisprudence regarding postrelease control to the circumstances in which a defendant seeks to withdraw his guilty plea to a crime that required postrelease control as part of the sentence, but the trial court failed to include it. We hold that because the sentence is void as contrary to law, the defendant must be resentenced, and his motion to withdraw his plea must be...

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