Court Clarifies Requirements for Re-Sentencing Offender When Post-Release Control Not Properly Imposed

The Supreme Court of Ohio ruled today that in order to correct criminal sentences that do not properly impose a term of post-release control, the state’s trial courts: 1) must conduct de novo sentencing hearings for offenders who were sentenced before July 11, 2006; and 2) must follow statutory resentencing procedures set forth in R.C. 2929.191 for offenders whose sentences were imposed on or after July 11, 2006, the effective date of the statute.

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