State v. Harris, 2012 Ohio 2185

Derrick L. Harris was convicted in 2005 of aggravated robbery with a firearm specification, felonious assault with a firearm specification, and having a weapon while under a disability, totaling 15 years imprisonment with five years of post-release control.
The sentencing entry stated Harris would be subject to five years of post-release control, with the Parole Board potentially imposing any term for violation of that control.
In 2011 Harris moved for de novo sentencing, arguing the entry failed to state that the parole board could impose up to one-half of the original prison term for post-release-control violations.
The trial court denied the motion, asserting the entry complied because it notified Harris of post-release control and potential consequences, including any prison term for violation.
The court asserted it had verbally advised Harris of the prison-term consequences, though the entry did not explicitly include the 'up to one-half' provision.
The appellate court remanded to correct the sentencing entry to include the required language, but did not order a new sentencing hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentencing entry properly notified post-release-control consequences	Harris contends the entry lacked the required up-to-one-half term language.	The court contends the entry complies by referencing post-release control and potential prison-term consequences.	Remand for nunc pro tunc correction to include up-to-one-half language; no new sentencing hearing.

State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (parole-board up to one-half term notification required)
State v. Triplett, 2011-Ohio-4628 (N.E.2d 2011) (remand for sentencing-entry corrections when post-release-notice missing)
State v. Qualls, Slip Opinion No. 2012-Ohio-1111 (2012-Ohio-1111) (must incorporate statutorily compliant post-release-notification into entry)
State v. Lang, 129 Ohio St.3d 512 (2011-Ohio-4215) (remand to correct entry when up-to-one-half language missing)
State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (entry must inform up to one-half term for violations)
State v. Evans, 2011-Ohio-4630 (4th Dist. No. 10CA33) (notice at sentencing is essential; entry can reflect nunc pro tunc correction)
State v. Fischer, 2010-Ohio-6238 (95 N.E.3d 2010) (remedy for flawed post-release-control sentencing can be through correction, not automatic de novo hearing)