State v. Hull, 2017 Ohio 468

Jason Hull pleaded guilty (2016) to aggravated murder, felonious assault, endangering children, and having weapons while under disability; lesser counts merged and the state proceeded on aggravated murder.
The agreed sentence: 20 years to life for aggravated murder (to which postrelease control does not apply), concurrent 3 years for the weapons-under-disability felony, and the court orally waived fines and court costs at sentencing.
The sentencing journal entry, however, mistakenly imposed court costs and stated five years of postrelease control on the weapons conviction.
Hull appealed the journal entry and length of postrelease control; the State conceded the errors under Loc.App.R. 16(B).
The court treated the journal-entry costs as a clerical error remediable under Crim.R. 36 and held the postrelease-control term on the third-degree felony was improperly set at five years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court costs were properly imposed despite the court's oral waiver	Journal entry correctly imposed costs	Court orally waived fines and costs at sentencing; journal entry conflicts	Court found journal entry conflicted with oral ruling; remanded for nunc pro tunc entry waiving costs
Whether five years of postrelease control could be imposed on a third-degree felony	(Conceded error)	Five years exceeds the statutory maximum for third-degree felonies	Held the five-year term was improper; remanded for hearing and correction to up to three years of postrelease control

State v. Singleton, 124 Ohio St.3d 173 (Ohio 2009) (postconviction procedures for correcting postrelease-control errors)
State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (portion of sentence imposing improper postrelease control is void and severable)
State v. Clark, 119 Ohio St.3d 239 (Ohio 2008) (aggravated murder is an unclassified felony to which postrelease-control statute does not apply)