State v. Pickett, 2012 Ohio 1821

In 2003, Pickett was charged with possession of cocaine, possession of marijuana, and failure to comply with an order or signal of a police officer.
He pled guilty to possession of cocaine and failure to comply; marijuana charge was dropped; the State recommended a seven-year prison term.
At plea, the court warned of up to five years of post-release control and did not mention post-release control at sentencing; the sentencing entry stated post-release control as determined by the parole board.
In August 2003, the court sentenced Pickett to seven years for the cocaine charge and a concurrent year for failure to comply, with no appeal filed.
In June 2010, while Pickett was still incarcerated, the court resentenced him to correct the post-release-control error, imposing five years of mandatory post-release control after release; Pickett did not appeal the resentencing.
After release, Pickett moved to terminate post-release control, arguing the plea agreement did not include such a sanction and that the trial court violated the plea agreement; the trial court denied the motion and Pickett appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata bars the post-release-control termination claim.	Pickett argues the plea bargain was violated by adding post-release control.	The State contends the issue was resolved by resentencing and barred by res judicata.	Yes; barred by res judicata.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (trial court may impose any sentence authorized by law despite plea recommendation)
State v. Kelly, 2009-Ohio-1035 (7th Dist. No. 08-CO-17) (plea agreement does not bind trial court at sentencing)
State v. Rexroad, 2004-Ohio-6271 (9th Dist. No. 22214) (res judicata applies to post-conviction matters after final judgment)
State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (void sentencing portions do not erase remaining merits; res judicata applies to corrected portions)