State v. Booth, 2011 Ohio 2557

Appellant Wallace Booth appeals a Stark County Common Pleas Court resentencing to 10–25 years and a 5-year postrelease control term for rape.
Booth originally pleaded guilty to felonious sexual penetration, rape, and gross sexual imposition with an aggregate 10–25 year sentence.
The 2010 resentencing was to notify Booth of postrelease control; Booth argued postrelease control applied only to rape and he had completed that eight-year term.
Booth attached a DRC record printout to his motion, but it was not admitted or part of the record on appeal.
R.C. 2929.191(A)(1) allows correction to a judgment adding postrelease control if the offender was not properly notified before release.
The court held Booth’s two sentences were an aggregate term in the same case, so he had not been released from imprisonment under that term, preserving jurisdiction to resentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether resentencing to add postrelease control was proper	Booth contends the court lost jurisdiction after completing rape term.	Booth’s sentences were concurrent in one case, so not released; court retained jurisdiction.	Resentencing proper; jurisdiction preserved; postrelease control valid.

State v. Henry, 2007-Ohio-5702 (Stark App. No. 2006-CA-00245) (resentence void when instant-case term completed but other case imprisonment continued)
State v. Bristow, 2007-Ohio-1864 (Lucas App. No. L-06-1230) (court lacked jurisdiction to resentence when term completed on instant sentence but incarcerated on separate charge)
State v. Turner, 2007-Ohio-2187 (Franklin App. No. 06AP-491) (expiration of journalized sentence, not ultimate release, controls authority to resentence)
State v. Ferrell, 2008-Ohio-5280 (Hamilton App. No. C0707-99) (two sentences from different counties not equivalent to one aggregate, affects resentence)
State v. Arnold, 2009-Ohio-3636 (189 Ohio App.3d 238) (expiration of journalized sentence, not ultimate release, governs resentence authority)