State v. Summers, 2011 Ohio 1862

Shawn Summers pleaded guilty to involuntary manslaughter, attempted murder, felonious assault, and three counts of complicity to commit felonious assault.
In August 1999, the trial court sentenced Summers to six years in prison and indicated in the journal entry that post-release control was mandatory up to a maximum of five years.
Summers did not appeal the judgment and served his sentence before later being released to parole supervision.
In May 2005 Summers was convicted in federal court of felon in possession of a firearm, which later led to a violation finding based on that conviction for post-release control purposes.
In March 2010 Summers moved to vacate the judgment and discharge him from post-release control due to the journal-entry error, which the trial court denied.
The appellate court partially reversed, holding the post-release-control imposition was void and must be vacated, and that Summers could not be resentenced to correct the defect after completing prison.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether post-release control was properly imposed	Summers argues the journal entry incorrectly imposed post-release control.	State contends the sentence complied with statutory requirements or that the error may be cured without voiding the entire judgment.	The post-release-control portion is void and must be vacated.
Effect of void post-release-control imposition on the remainder of the sentence	Vacating the void portion should not affect the rest of the sentence.	The remainder remains intact notwithstanding the void portion.	The void portion is vacated while the rest of the sentence remains.
Authority to re-sent encing after release to correct the error	Courts may vacate void judgments and discharge from post-release control even after release.	Once Summers completed his term, there is no authority to re-impose post-release control.	The court vacates the void portion and notes Summers will not be re-sentenced.

State v. Simpkins, 117 Ohio St.3d 420 (2008) (nullity of nonconforming post-release control sentence)
State v. Fischer, 128 Ohio St.3d 92 (2010) (only the improperly imposed post-release-control portion voids)
State v. Singleton, 124 Ohio St.3d 173 (2009) (remedial approach for post-release-control errors)
State v. Bloomer, 122 Ohio St.3d 200 (2009) (cannot re-sentence after prison term for post-release-control error)
State v. Bezak, 114 Ohio St.3d 94 (2007) (authority to correct judgment on voided post-release-control issue)
Cincinnati Sch. Dist. Bd. of Educ. v. Hamilton County Bd. of Revision, 87 Ohio St.3d 363 (2000) (inherent power to vacate void judgments)
Van DeRyt v. Van DeRyt, 6 Ohio St. 2d 31 (1966) (void judgments may be vacated to recognize nullity)