State v. Murphy, 2015 Ohio 3598

Murphy pleaded guilty on Feb. 22, 2010 to two counts of gross sexual imposition (fourth-degree felonies) with a 3-year aggregate prison term and mandatory five years of post-release control; sentencing entry failed to state consequences for violation of post-release control.
Murphy completed the 3-year prison term and began five years of post-release control in 2012.
In 2013 Murphy pled guilty to one count of failure to register an address change (fourth-degree felony); sentencing in 2014 noted he was on post-release control and terminated it in the 2010 case, ordering remaining post-release control time to be served with the 2013-term.
Murphy completed the 8-month 2014 sentence for the 2013-case; in 2015 he moved to vacate post-release control asserting the 2010 entry was void for not including post-release-control-violation consequences.
The trial court denied Murphy’s motion; the court of appeals reversed, holding the 2010 sentencing entry was void and could not support continuing post-release control in the 2010 case to be served with the 2013-term.
The judgment is reversed to the extent it terminates only the remaining post-release-control portion from 2010, with the rest of the 2013-case sentence remaining intact.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the post-release control was void for failure to include consequences for violation	Murphy	State	Void; relief granted

State v. Richard-Bey, 2014-Ohio-2923 (2014) (void post-release-control consequences where not stated; res judicata not bar)
State v. Bloomer, 122 Ohio St.3d 200 (2009) (standard for post-release control")
State v. Fischer, 2010-Ohio-6238 (2010) (void sentence without statutorily mandated post-release terms reviewable)
State v. Billiter, 2012-Ohio-5144 (2012) (post-release-control issues reviewed on appeal)
State v. Ketterer, 2010-Ohio-3831 (2010) (nunc pro tunc corrections of post-release-control entries)