State v. Ramey, 2012 Ohio 3978

Ramey was convicted by jury in 2000 of murder (unclassified felony) with a three-year firearm spec, felonious assault (felony of the second degree), and having weapons under a disability (felony of the fifth degree).
He was sentenced to 15 years to life for murder, eight years for felonious assault, 12 months for having weapons under a disability, and three years for the firearm spec, all consecutive (total 27 years to life).
The original sentencing entry did not specify post-release control (PRC) terms or manner of conviction.
In April 2011, the court filed a nunc pro tunc entry correcting the manner of conviction but still omitting PRC period details.
On October 21, 2011, the court amended the entry to state no PRC for murder, three years of PRC for felonious assault, and discretionary up to three years PRC for having weapons under a disability.
Ramey appealed challenging the three-year mandatory PRC term for the fifth-degree offense; the court’s error was sustained and the judgment modified to “up to three years” for the Having Weapons Under a Disability offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the post-release control term for Having Weapons Under a Disability should be up to three years rather than a fixed three years.	Ramey argues PRC for the fifth-degree offense is up to three years, not necessarily three years.	State contends the PRC term for the fifth-degree offense can be three years as stated.	The court agrees and modifies the judgment to PRC period “up to three years.”

State v. Sulek, 2010-Ohio-3919 (Ohio 2d Dist. Greene No. 09CA75 (2010)) (distinguishes multiple offenses with overlapping PRC terms; longest term may subsume shorter ones when properly notified)
State v. Bezak, 114 Ohio St.3d 94 (2007) (Bezak requires proper notification for PRC terms; informs multiple-offense scenario)
State v. Reznickchek, 2008-Ohio-2384 (6th Dist. Lucas Nos. 1426 and 1427) (discusses expressio unius and need for complete notification across offenses)