State v. Flanagan, 2012 Ohio 1516

Copper theft at Crispin’s Auto Wrecking; ~200 pounds of high-grade copper missing overnight.
Appellant Flanagan turned in ~200 pounds of number-one copper to Legend Smelting, identified as the same copper; he was paid $568.40.
Law Enforcement investigated; Flanagan claimed he found the copper in the woods.
Indictment charged one count of receiving stolen property (fifth-degree felony, value $500–$5,000).
Trial resulted in guilty verdict; defendant sentenced to one year in prison plus 3 years post-release control.
On appeal, court affirmed in part, reversed in part, and modified sentence to remove mandatory post-release control or defer to parole authority.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether maximum term was appropriate	Flanagan	Flanagan	Maximum term not an abuse of discretion; within range.
Whether post-release control was properly imposed	State	Flanagan	Court erred; vacate three years post-release control; leave to Adult Parole Authority.

State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (postrelease control issues; partial voidance and remand guidance)
State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6230) (modifies Bezak to require remand for postrelease control evaluation)
State v. Hunter, 8th Dist. No. 92032, 2009-Ohio-4194 (2009-Ohio-4194) (trial court cannot unilaterally impose postrelease control; parole authority governs)
State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step review of felony sentences; compliance with statutes then abuse of discretion standard)
State v. Wells, 2010-Ohio-3126 (2010-Ohio-3126) (acknowledges statutory factors governing sentencing)