State v. McGuire, 2018 Ohio 4676

Shawn L. McGuire pled guilty in 2001 to amended involuntary manslaughter (1st-degree felony) with a three-year firearm specification and to tampering with evidence; the original 2001 sentencing entry did not mention post-release control (PRC).
After multiple post-conviction filings and a 2008 resentencing (sua sponte) to correct the missing PRC language, the trial court’s 2008 entry stated PRC was "mandatory up to a maximum of 5 years" and referenced portions of R.C. 2929.19(B).
No transcript of the 2008 resentencing hearing is in the record; appellant (State) did not supply it on appeal.
The Ohio Department of Rehabilitation and Correction set McGuire’s PRC to five years beginning December 7, 2016; McGuire was released the same day and later contested PRC in 2018, arguing the 2008 entry’s "up to" wording was inadequate.
The trial court granted McGuire’s 2018 motion and vacated the PRC as improperly imposed; the State appealed and the Fifth District affirmed the trial court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2008 sentencing entry properly imposed mandatory PRC despite using the phrase "up to a maximum of 5 years"	The sentencing entry and statutory references were sufficient under Grimes to notify and impose PRC	The "up to" language failed to impose the statutorily mandatory five-year PRC and thus was defective	Court: "up to" phrasing did not properly impose mandatory PRC; vacatur was proper
Whether res judicata bars McGuire’s 2018 challenge to PRC because the 2008 entry provided adequate notice	The entry provided enough information; McGuire waited and cannot relitigate	McGuire argued the entry was legally deficient and he did not initiate the 2008 resentencing (it was sua sponte), so res judicata should not apply	Court: res judicata does not bar relief here because the 2008 entry’s wording was legally insufficient under precedent; challenge permitted
Whether McGuire’s delay in challenging PRC (after release) and alleged bad faith precludes vacatur	State: McGuire delayed nearly ten years and waited until after release to gain advantage; bad faith should deny relief	McGuire: delay may be explained by lack of resources/complexity; record does not show bad faith	Court: absence of record proof of bad faith and statutory/case law limits on post-release correction mean delay does not require enforcement of defective PRC; vacatur affirmed

Blakely v. Washington, 542 U.S. 296 (establishes limits on judicial fact-finding for increased sentences)
United States v. Booker, 543 U.S. 220 (applies Blakely principles to federal sentencing)
State v. Foster, 109 Ohio St.3d 1 (Ohio Supreme Court decision affecting sentencing procedures)
State v. Fischer, 128 Ohio St.3d 92 (a sentence that omits statutorily mandated PRC is void and reviewable at any time)
State v. Jordan, 104 Ohio St.3d 21 (trial courts must notify defendants of PRC at sentencing and include it in the entry)
State v. Grimes, 151 Ohio St.3d 19 (to validly impose PRC the entry must state whether PRC is mandatory/discretionary, its duration, and that APA will administer consequences)
Watkins v. Collins, 111 Ohio St.3d 425 (habeas context: sentencing entries that reasonably authorized APA to exercise PRC could be sufficient)