State v. Butler, 2011 Ohio 6366

Butler was convicted in 2001 of burglary and two counts of aggravated robbery with a firearm specification and sentenced to 15 years in prison.
He appealed; the conviction and sentence were affirmed in State v. Butler, 7th Dist. No. 01-JE-34, 2003-Ohio-3468.
In 2006, Butler received a resentencing hearing; he was notified that he would be subject to five years of post-release control.
The court vacated the 2006 resentencing and reinstated the original 2001 sentence after determining the 2006 resentencing was untimely.
In 2010, Butler moved to correct an improper sentence, asserting the trial court failed to properly notify him about post-release control in the sentencing entry; the trial court denied, and Butler appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence is void for missing post-release control notice	Butler argues the judgment entry lacked required post-release control notice	Butler contends the sentence is void under statutes and case law	Partially: remedy via entry correction rather than remand
Appropriate remedy under Fischer for post-release control error	Butler seeks remand for resentencing or correction under Fischer	State argues correction without remand is permissible	Remand for entry correction; no new sentencing needed

State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (remedial correction of post-release control without remand; void component may be corrected in entry)
State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (notice requirement and sentencing entry must reflect post-release control)
State v. Jordan, 104 Ohio St.3d 21 (2004-Ohio-6085) (sentencing entry must include post-release control notice)
State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (post-release control notice required in judgment entry)
State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (considers post-release control notice and related remedies)