State v. Evans, 2017 Ohio 1577

Dion M. Evans pleaded guilty to burglary in Franklin County (2001), received community control with warning of possible prison if violated; the sentencing hearing and journal entry did not expressly notify him that postrelease control would follow any prison term or state its length/consequences.
Franklin County revoked community control in July 2004 and sentenced Evans to two years in prison; that entry recited that the court "notified the Defendant, orally and in writing, of the applicable periods of post-release control" but did not state the length of postrelease control or the consequences for violating it.
In 2006 Evans was convicted in Pickaway County of multiple felonies; the Pickaway sentencing entry imposed a 20-month consecutive prison term for violating Franklin County postrelease control and stated a 3-year postrelease control period would be imposed by the Parole Board.
Evans repeatedly litigated these sentences, including appeals and motions; Pickaway entered a nunc pro tunc correction in 2011 for its own sentencing entry but did not and could not correct the alleged omissions in the Franklin County 2004 entry after Evans completed his Franklin County prison term.
Evans moved in Pickaway County (2015) to be released from postrelease control, arguing the Franklin County postrelease-control imposition was void for failure to provide statutorily required notifications, so he could not have violated it; the Pickaway court denied the motion and the denial was appealed.

Issue	Plaintiff's Argument (Evans)	Defendant's Argument (State)	Held
Whether the postrelease-control portion of the Franklin County 2004 sentence was void for failure to give required R.C. 2929.19(B)(2) notifications, and whether the Pickaway County 20-month term for violating that postrelease control must be vacated	Franklin County failed to notify him in the journal entry of the length and consequences of postrelease control, so the postrelease-control term was void and he could not have violated it; thus the Pickaway 20-month term is void	The record shows Franklin County properly notified Evans of postrelease control (oral and written), so Pickaway permissibly sentenced him for violation of that postrelease control; appeal should be dismissed for procedural delay	The court held the Franklin County 2004 entry did not comply with R.C. 2929.19(B)(2) because it omitted the required length/consequence language, making the postrelease-control imposition void; because Evans had completed the Franklin sentence, it could not be corrected nunc pro tunc, and the 20-month Pickaway sentence for violating that void term must be vacated.

State v. Fischer, 128 Ohio St.3d 92 (court must include statutorily mandated postrelease-control notifications; omission renders that part of sentence void)
State v. Billiter, 134 Ohio St.3d 103 (a sentence missing mandated postrelease-control term is void and reviewable anytime)
State v. Bezak, 114 Ohio St.3d 94 (effect of a void judgment is that it is a nullity)
State v. Cupp, 75 N.E.3d 940 (vacating a postrelease-control revocation term when original sentencing entry lacked required notice)
State v. Bloomer, 122 Ohio St.3d 200 (limitations on correcting sentencing errors after completion of sentence)
State v. Qualls, 131 Ohio St.3d 499 (nunc pro tunc correction permissible only before defendant completes prison term)
State v. Holdcroft, 137 Ohio St.3d 526 (same principle regarding corrections to sentencing entries)
State v. Smith, 70 N.E.3d 135 (postrelease-control correction limits)
State v. Simpkins, 117 Ohio St.3d 420 (discussing postrelease-control and sentencing authority)