State v. Moore, 2019 Ohio 1467

Tonya Moore pleaded guilty to three counts of aggravated vehicular assault (third-degree felonies) after causing an accident that seriously injured three people.
Plea process: initial plea withdrawn when court corrected incorrect sentencing information; second plea followed corrected advisals about maximum/minimum terms and (incorrectly) mandatory post-release control.
At sentencing the court imposed concurrent two-year terms on Counts I & II and a consecutive two-year term on Count III for an aggregate four-year prison term, plus three years of post-release control and restitution.
Moore explained she had taken multiple benzodiazepines (including Xanax) the night before and may have still been impaired when she drove; she had a related Pike County physical control/OVI matter.
Moore appealed, arguing (1) post-release control was erroneously imposed as mandatory when discretionary, rendering that portion of the sentence void, and (2) the aggregate prison term was excessive because the court improperly weighed R.C. 2929.11/2929.12 seriousness and recidivism factors.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Moore)	Held
Whether R.C. 2903.08(A)(1)(a) convictions are "offenses of violence" requiring mandatory post-release control	Post-release-control error (if any) affects only that portion and can be corrected without full resentencing; parole board may impose control	Moore: her convictions are not "offenses of violence," so post-release control is discretionary; mandatory notation rendered sentence void	Court: Moore’s offenses are not "offenses of violence;" mandatory post-release control was erroneous. That portion of sentence is void and remanded for correction
Whether the aggregate 4-year prison term is excessive / unsupported by record under R.C. 2929.11/2929.12	Sentence within statutory range and court considered statutory factors; Moore failed to show by clear and convincing evidence that sentence is unsupported	Moore: court failed properly to apply seriousness and recidivism factors; mitigating facts warrant shorter term	Court: Moore did not meet clear-and-convincing burden; sentencing court considered factors and the prison terms are supported by the record; assignment of error overruled

State v. Grimes, 151 Ohio St.3d 19 (clarifies trial court duties to notify and journalize post-release control)
State v. Marcum, 146 Ohio St.3d 516 (sets appellate standard under R.C. 2953.08(G)(2))
State v. Jordan, 104 Ohio St.3d 21 (notice of post-release control at sentencing required; sentence without it is contrary to law)
State v. Fischer, 128 Ohio St.3d 92 (portion of sentence imposing improper post-release control is void and subject to correction)
State v. Bloomer, 122 Ohio St.3d 200 (parole board cannot enforce post-release control absent proper sentencing entry)
State v. Bonnell, 140 Ohio St.3d 209 (clerical omission of sentencing findings in journal may be corrected by nunc pro tunc entry)