STATE v. HARRIS

No. 95097.

2011 Ohio 1072

STATE OF OHIO PLAINTIFF-APPELLEE, v. ROBERT E. HARRIS DEFENDANT-APPELLANT.

Court of Appeals of Ohio Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: March 10, 2011.


Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT Robert L. Tobik , Cuyahoga County Public Defender, Paul Kuzmins , John T. Martin , Assistant Public Defenders, 310 Lakeside Avenue, Suite 200, Cleveland, OH.

ATTORNEYS FOR APPELLEE William D. Mason , Cuyahoga County Prosecutor, Thorin O. Freeman , Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH.

Stewart, P.J., Celebrezze, J., and S. Gallagher, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, P.J.:

{¶ 1} Defendant-appellant, Robert E. Harris, appeals from a sua sponte nunc pro tunc sentencing order that imposed a five-year mandatory term of postrelease control. Harris argues that the court had no jurisdiction to enter the nunc pro tunc sentencing order because he had been released from prison before the court entered the order.

{¶ 2} In October 2004, a jury...

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