State v. May, 2011 Ohio 6647

Defendant Glen May was resentenced after this court’s May I decision.
CR-519564 included kidnapping, rape, disseminating matter harmful to juveniles, and multiple counts of gross sexual imposition.
CR-524278 included two counts of rape, two counts of gross sexual imposition, and two counts of kidnapping; some convictions had sexual motivation and sexual violent predator specs.
The court informed May that postrelease control could be life-long due to an indefinite sentence.
May challenged the sentencing for improper grouping (packaged sentences) and improper postrelease control advisement.
This court remanded for correction of the postrelease-control period and related journal-entry defects; the dissent urged a further remand for kidnapping-merger issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court imposed a packaged sentence	State argues no group sentence was imposed	May contends a packaged sentence was imposed	Assigned Error I overruled; no packaged sentence found
Whether postrelease-control advisement was proper	State contends proper advisement per May I	May argues life-long postrelease control was misadvised	Assigned Error II sustained; remand to correct five-year mandatory postrelease control
Whether kidnapping counts were properly merged	State elected allied offenses and merged per May I	May contends improper merge procedures	Assigned Error III overruled; merger found proper

State v. Saxon, 109 Ohio St.3d 176 (Ohio 2006) (packaged-sentence framework; Supreme Court guidance on grouping)
State v. Whitfield, 124 Ohio St.3d 319 (Ohio 2010) (state may elect allied offense for sentencing; merger rules)
State v. Carnail v. McCormick, 126 Ohio St.3d 124 (Ohio 2010) (postrelease control requirements after life-indefinite sentences)
State v. Fisher, 128 Ohio St.3d 92 (Ohio 2010) (remedies for improper postrelease-control imposition)
State v. Falkenstein, 2011-Ohio-5188 (Ohio App. 2011) (remedial sentence-modification and remand authority)