Background

• Appellant Moore challenged a 2013 judicial-sanction PRC sentence arising from 2001/2010 PRC relief; 2013 sanction imposed for PRC violation to be served consecutively to a nine-month term.
• 2001 sentencing ordered mandatory PRC up to five years and allowed term for violations; the 2010 resentencing clarified the mandate but not the consequences.
• Moore completed the nine-month term in 2014 and was serving the judicial sanction time for PRC violation by May 2015.
• Trial court denied Moore’s April 2015 motion to vacate the 2013 judicial-sanction sentence.
• Moore timely appealed, arguing the 2013 sanction was void for improper PRC-language notice; the court sustained the assignment of error and reversed.

Issues

Key Cases Cited

• State v. Fischer, 128 Ohio St.3d 92 (2010) (voidness of missing statutorily mandated PRC term; reviewable after direct appeal or collateral attack)
• State v. Jordan, 104 Ohio St.3d 21 (2004) (PRC notification requirements)
• State v. Murphy, 5th Dist. Muskingum No. CT2013–0028, 2014-Ohio-323 (4) (cannot impose PRC time on a new sentence when prior term invalid)
• State v. Ketterer, 126 Ohio St.3d 448 (2010) (not proper notice when merely referencing R.C. 2967.28)
• State v. Elliott, 2014–Ohio–2062 (8) (mere reference to PRC statute is insufficient notice)
• State v. Richard–Bey, 2014-Ohio–2923 (5th Dist. App.) (voidness doctrine applied to PRC notice issue)
• State v. Ball, 2013-Ohio-3443 (5th Dist. Licking) (declined adherence to earlier approach on PRC notice)