State v. Arios, 2017 Ohio 656

In 2008 Arios was convicted at trial of multiple drug offenses and sentenced to 47 years; on direct appeal this court found several counts were allied offenses and ordered merger, vacating those convictions and sentences.
After the supreme court denied leave and a subsequent new-trial motion was granted in 2012, Arios pleaded guilty to a reduced set of counts and was sentenced the same day to 14 years imprisonment, with five years of mandatory postrelease control (PRC) noted in the judgment entry.
Arios did not timely appeal that 2012 judgment; he filed various post-judgment motions and appeals that were dismissed as untimely.
On June 20, 2016 Arios filed a "motion for sentencing" (construed by the court as a petition for postconviction relief) asserting defects in imposition/notice of PRC, failure to articulate consecutive terms, and that his plea was not knowing, intelligent, and voluntary.
The trial court denied the motion on July 12, 2016; Arios appealed. The appellate court treated the filing as an untimely postconviction petition and reviewed whether it could be considered and whether PRC notice was properly given.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in sentencing by failing to properly impose PRC and articulate consecutive sentences and by accepting an invalid plea	State: Arios's filing is an untimely postconviction petition that fails threshold exceptions; only PRC error can be reviewed anytime and the judgment entry properly notified PRC	Arios: sentencing and plea were defective — PRC notice inadequate, consecutive terms not articulated, no adjudication of guilt on plea — rendering sentence void and plea invalid	The court construed the filing as postconviction relief but found it untimely; Arios did not meet statutory exceptions. PRC was properly imposed in the written entry and any alleged deficiencies in oral notice cannot be reviewed because no transcript was provided (presumption of regularity). Assignment of error overruled.

State v. Fischer, 128 Ohio St.3d 92 (2010) (a sentence that omits statutorily mandated postrelease control is void and reviewable at any time)
State v. Bezak, 114 Ohio St.3d 94 (2007) (postrelease-control defects are not barred by res judicata and may be attacked collateral)
State v. Reynolds, 79 Ohio St.3d 158 (1997) (a postconviction filing may be construed as a petition under R.C. 2953.21 if it meets certain criteria)
State v. Gondor, 112 Ohio St.3d 377 (2006) (postconviction relief is a collateral civil attack and the statutory framework governs relief)
Perry v. State, 10 Ohio St.2d 175 (1967) (postconviction relief available where constitutional rights were denied to render conviction void or voidable)