State v. Jackson, 2014 Ohio 2648

Michael Jackson was convicted by a jury of rape and unlawful sexual conduct with a minor; sentenced to four years on each count to run concurrently.
On direct appeal this court vacated the "furthermore" finding and concluded the two offenses were allied; remanded for resentencing (State v. Jackson, "Jackson I").
The Ohio Supreme Court accepted review and remanded for reconsideration under State v. Johnson; on further review this court again found the offenses allied and ordered resentencing ("Jackson II").
Jackson completed his original four-year sentence and was released before the trial court held the ordered resentencing hearing.
At the September 16, 2013 resentencing, the trial court reimposed the four-year term and added five years of postrelease control; Jackson appealed the postrelease-control imposition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court could impose postrelease control at resentencing after defendant had already completed his sentence	State: resentencing could correct earlier sentencing errors, including postrelease control	Jackson: court lost authority to impose postrelease control after sentence was fully served	Court: once sentence carrying postrelease control has been served, resentencing cannot impose or correct postrelease control; trial court erred and must vacate postrelease control

State v. Bloomer, 909 N.E.2d 1254 (Ohio 2009) (once sentence served, court lacks authority to impose postrelease control at resentencing)
State v. Johnson, 942 N.E.2d 1061 (Ohio 2010) (framework for analyzing allied offenses of similar import)