Court Asked to Clarify Resentencing Authority In Cases Where Mandatory Postrelease Control Was Omitted
When Offender Has Completed Prison Term For Qualifying Offense, But Not Entire Sentence
State of Ohio v. Henry Allen Holdcroft, Case nos. 2012-1325 and 2012-1441
Third District Court of Appeals (Wyandot County)
ISSUE: When a criminal offender is convicted of multiple offenses that were charged in a single indictment, and the trial court fails to include in his sentence for one of those offenses a term of postrelease control that is required by law, does the trial court retain jurisdiction to resentence the offender to impose the omitted term of postrelease control after the offender has completed the prison term for the offense requiring postrelease control, if resentencing takes place before the offender finishes serving the additional prison time imposed for his other convictions?