State v. Hill, 2012 Ohio 2306

Hill was convicted of felonious assault in 2003 and sentenced to two years with postrelease control for the maximum period under R.C. 2967.28.
Hill was released in 2005 and later placed on three years of postrelease control, the maximum for a second‑degree felony.
In 2008 Hill was indicted for escape under R.C. 2921.34(A)(1) but was not arrested until 2010.
Hill moved to dismiss the indictment on the basis that the 2003 sentencing entry failed to properly notify him of his postrelease-control term.
A prior appellate decision remanded after upholding the state’s appeal of the initial dismissal, and Hill again sought to bar evidence of the 2003 conviction.
The trial court granted Hill’s motion in limine; the state appealed, arguing the 2003 sentence notice was valid and not void.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the 2003 sentencing entry void for misnotifying postrelease control?	Hill argues the entry is void for failing to specify the three-year term.	Hill contends the entry uses maximum-period-allowed language and is insufficient.	void sentence not void; state prevails
Did the trial court err by precluding evidence of Hill’s 2003 conviction?	State asserts admissibility to prove postrelease-control relevance.	Hill argues voidness of the sentence bars use of the conviction.	state entitled to present evidence; reversal remand

State v. Cash, 8th Dist. No. 95158, 2011-Ohio-938 (2011) (void postrelease-control notice defeats related charges)
State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085 (2004) (oral notice required; final entry must reflect it)
State v. Bailey, 8th Dist. No. 93994, 2010-Ohio-1874 (2010) (oral notification at sentencing suffices where terms stated)
State v. Peterson, 8th Dist. No. 96958, 2012-Ohio-87 (2012) (maximum-period-allowed language proper with proper oral notice)
State v. Donahue, 8th Dist. No. 89111, 2007-Ohio-6825 (2007) (sentence properly informs postrelease terms; other errors possible)
State v. Roche, 8th Dist. No. 90089, 2008-Ohio-3560 (2008) (distinguishable; no prior oral notification = void)
State v. Atkinson, 8th Dist. No. 93855, 2010-Ohio-2783 (2010) (oral notice plus maximum language may be deficient)
State v. Siwik, 8th Dist. No. 92341, 2009-Ohio-3896 (2009) (remand for resentencing in pre-Singleton context)
State v. Bezak, 114 Ohio St.3d 94, 2007-Ohio-3250 (2007) (jurisdiction and validity concerns for postrelease-control orders)
State v. Fischer, 128 Ohio St.3d 92, 2010-Ohio-6238 (2010) (statutorily mandated term must be included in sentence)