STATE v. SMITH

Appellate No. 2010-CA-63.

2011 Ohio 5986

State of Ohio, Plaintiff-Appellee, v. James E. Smith, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Greene County.

Rendered on November 18, 2011.


Attorney(s) appearing for the Case

STEPHEN K. HALLER , Atty. Reg. #0009172, by ELIZABETH A. ELLIS , Atty. Reg. #0074332, Greene County Prosecutor's Office, 61 Greene Street, Xenia, Ohio 45385, Attorneys for Plaintiff-Appellee.

JAMES S. ARMSTRONG , Atty. Reg. #0020638, 131 North Ludlow Street, Suite 1311, Talbott Tower, Dayton, Ohio 45402, Attorney for Defendant-Appellant.


OPINION

HALL, J.

{¶ 1} James E. Smith appeals from his re-sentencing on two counts of burglary and one count of receiving stolen property to add a post-release control requirement.

{¶ 2} Smith advances three assignments of error related to his re-sentencing. First, he contends the trial court erred in ordering optional post-release control on two counts for which he already had completed his sentence. Second, he...

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