State v. Peace, 2014 Ohio 2126

Todd E. Peace was convicted (1998) of aggravated murder, aggravated arson, and tampering with evidence; aggregate sentence: life with parole eligibility after 33 years, composed of a life term (murder) plus consecutive fixed terms (9 and 4 years).
Postrelease control was not properly imposed originally; the case was remanded for resentencing on postrelease control.
A limited videoconference resentencing (Jan. 2012) denied Peace counsel; this Court later remanded because counsel was wrongfully denied.
At a March 27, 2013 hearing (with counsel present), the trial court imposed five years of mandatory postrelease control.
Peace appealed, arguing the court lacked authority to impose postrelease control because he had already served the fixed terms (9 and 4 years) to which postrelease control applied while he remained incarcerated on the life term for aggravated murder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a trial court may impose postrelease control for fixed-term offenses after the defendant has already completed those fixed terms but remains in prison on other convictions	State: postrelease control was properly imposed at the remand hearing	Peace: postrelease control cannot be added after the eligible fixed terms have already been served	Court: trial court lacked authority to impose postrelease control because Peace had already completed the fixed prison terms to which postrelease control applied; reversed and remanded to vacate postrelease control

State v. Holdcroft, 137 Ohio St.3d 526, 2013-Ohio-5014 (trial court cannot add postrelease control for an offense after its prison term has been served)
State v. Clark, 119 Ohio St.3d 239, 2008-Ohio-3748 (aggravated murder is an unclassified felony to which postrelease control does not apply)