State v. Portis, 2011 Ohio 2429

Portis pled guilty in 2004 to Robbery (03-CR-1064) and was sentenced to two years; judgment stated post-release control was mandatory up to three years and that Portis must serve any post-release control term and any prison term for violation.
In 2007 Portis was convicted of Robbery (07-CR-1063B); he was sentenced to eight years for Robbery and one year for violating post-release control, to be served consecutively to the eight-year term.
Portis later argued that the 2004 post-release control was improperly imposed, rendering it void and subject to collateral attack; he sought vacation of the one-year sentence for the post-release-control violation.
The trial court denied Portis’s motion to vacate the one-year sentence.
The appellate court held that the post-release-control portion of the 2004 sentence was void and that the one-year post-release-control-violation sentence must be vacated, remanding to notify authorities of the modified sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2004 post-release control was properly imposed and thus voidable or void.	Portis argues the 2004 post-release control was improperly imposed and void.	State argues the issue is moot because Portis has served time and the sentences remain intact.	Post-release-control portion is void; Portis’s one-year sentence must be vacated.

State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (void/post-release-control term must be corrected; not merely voidable)
State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (post-release-control term must be included to be valid; res judicata limits apply to other merits)
State v. Martello, 97 Ohio St.3d 398 (2002-Ohio-6661) (post-release-control sanctions linked to prior offense; double jeopardy considerations)