State v. Thomas, 2013 Ohio 2078

In 2005, Thomas pled guilty to aggravated robbery with a firearm specification and felonious assault with a firearm specification, receiving a total six-year sentence and an indeterminate post-release-control term to be determined by the parole board.
Thomas was released from prison in 2011.
On August 17, 2012, Thomas moved to vacate post-release control, which the trial court denied on September 27, 2012.
Thomas timely appealed challenging the post-release-control imposition.
The State concedes post-release control was not properly imposed and could not be corrected after release.
The court ultimately held post-release control was void and remanded to vacate that portion of the 2005 sentence; no resentencing required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether post-release control was validly imposed	Thomas argues the post-release control term was void.	State concedes improper imposition and that correction cannot occur post-release.	Post-release control was void; remand to vacate the control; no resentencing needed.

State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (void sentence for missing statutorily mandated post-release control; applicable to collateral attacks)
State v. Billiter, 134 Ohio St.3d 103 (2012-Ohio-5144) (affirms Fischer; applies to collateral attacks on void sentences)
State v. Bloomer, 122 Ohio St.3d 200 (2009-Ohio-2462) (finality limits correction of post-release-control errors after release)
State v. Baker, 2012-Ohio-5645 (9th Dist. No. 26411, 2012-Ohio-5645) (controls remand procedure for void post-release-control imposition)