sentence violation (Ohio) · Go Syfert
← Ohio issues

sentence violation in Ohio

95 Ohio opinions name it 2 courts 1992–2026 44 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (26)

CaseFollowedCited
State v. Morrisgreen
ohioctapp · 2021 · cited in 13 Ohio opinions naming this issue, 2025–2026
2 sentences

2026"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 10} "A sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.'" State v. Morris, 2021-Ohio-2646, ¶ 90 (5th Dist.), rev'd on other grounds, State v. Morris, 2022

2026"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 20} "A sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.'" State v. Morris, 2021-Ohio-2646, ¶ 90 (5th Dist.), rev'd on other grounds, State v. Morris, 2022

1313
State v. Dinkagreen
ohioctapp · 2019 · cited in 7 Ohio opinions naming this issue, 2025–2025
2 sentences

2025"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 12} "A sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.' " State v. Morris, 2021-Ohio-2646, ¶ 90 (5th Dist.), rev'd on other grounds, 2022-Ohio-4609 , quo

2025"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 12} Conversely, however, "[a] sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.' " State v. Morris, 2021- Ohio-2646, ¶ 90 (5th Dist.), reversed on other gr

77
State v. Juliousgreen
ohioctapp · 2016 · cited in 6 Ohio opinions naming this issue, 2021–2022
2 sentences

2022Butler No. CA2015-12-224, 2016-Ohio-4822, ¶ 8 ("[a]s with all felony sentences, we review this sentence under the standard of review set forth in R.C. 2953.08[G][2]").

2021Butler No. CA2015-12-224, 2016-Ohio-4822, ¶ 8 ("[a]s with all felony sentences, we review this sentence under the standard of review set forth in R.C. 2953.08[G][2]").

56
State v. Sullensgreen
ohioctapp · 2022 · cited in 3 Ohio opinions naming this issue, 2025–2025
2 sentences

2025"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 12} "A sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.' " State v. Morris, 2021-Ohio-2646, ¶ 90 (5th Dist.), rev'd on other grounds, 2022-Ohio-4609 , quo

2025"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 12} Conversely, however, "[a] sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.' " State v. Morris, 2021- Ohio-2646, ¶ 90 (5th Dist.), reversed on other gr

33
State v. Kinggreen
ohioctapp · 2013 · cited in 3 Ohio opinions naming this issue, 2025–2025
2 sentences

2025"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 12} "A sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.' " State v. Morris, 2021-Ohio-2646, ¶ 90 (5th Dist.), rev'd on other grounds, 2022-Ohio-4609 , quo

2025"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 12} Conversely, however, "[a] sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.' " State v. Morris, 2021- Ohio-2646, ¶ 90 (5th Dist.), reversed on other gr

33
State v. Jackson (Slip Opinion)green
ohio · 2016 · cited in 3 Ohio opinions naming this issue, 2021–2025
2 sentences

2025“The Ohio Supreme Court has affirmed that a hearing to impose a sentence for a violation of community control is a sentencing hearing and, therefore, compliance with the relevant sentencing statutes is required.” State v. Scott, 2021-Ohio-1368, ¶ 13 (11th Dist.), citing State v. Jackson, 2016-Ohio-8127, ¶ 11 .

2023However, in State v. Jackson, 150 Ohio St.3d 362, 2016-Ohio-8127, ¶ 17, the Supreme Court of Ohio affirmatively held that “a hearing following community-control revocation is a sentencing hearing and that a trial court must abide by R.C. 2929.19(A) and Crim.R. 32(A)(1) by affording an offender an opportunity for allocution prior to imposing a sentence at such a hearing.” {¶22} Given that a judicial release revocation hearing is extremely similar in nature, albeit with fewer options for the trial court in sentencing, we find that the Jackson holding would control here.

23
State v. Smith, 08ap-736 (5-5-2009)green
ohioctapp · 2009 · cited in 2 Ohio opinions naming this issue, 2014–2015
2 sentences

2015Franklin Nos. 08AP-736 and 09AP-72, 2009-Ohio-2166, ¶ 48 (affirming where the trial court's "express intention was to apply all of the time to the community control violation as the full sentence for that violation" so that there were no concurrent sentences imposed). {¶ 20} After reviewing the record, we find that Wilson was properly sentenced on the community control violation to the time he already served while awaiting disposition of the pending burglary charge.

2014Franklin Nos. 08AP-736, 09AP-72, 2009-Ohio-2166, ¶ 48 (finding Fugate inapplicable where the trial court's "express intention was to apply all of the time to the community control violation as the full sentence for that violation" so that there were no concurrent sentences imposed). {¶ 16} After reviewing the record, we find that this is not a case where Chasteen was sentenced to concurrent prison time for his violation of community control and his new 2013 crimes.

22
United States v. Stuart Jeffrey Paskowgreen
ca9 · 1993 · cited in 2 Ohio opinions naming this issue, 2002–2002
2 sentences

2002See, e.g., United States v. Soto-Olivas (C.A.9, 1995), 44 F.3d 788 , in which the court found that the federal supervised-release statute, Section 3583(a), Title 18, U.S. Code, by its plain language provides that “the entire sentence, including the period of supervised release, is the punishment for the original crime, and ‘it is the original sentence that is executed when the defendant is returned to prison after a violation of the terms’ of his release.” Id. at 790 , quoting United States v. Paskow (C.A.9, 1993), 11 F.3d 873, 881 . {¶ 23} The Soto-Olivas court went on to state that “punishme

2002See, e.g., United States v. Soto-Olivas (C.A.9, 1995), 44 F.3d 788 , in which the court found that the federal supervised-release statute, Section 3583(a), Title 18, U.S. Code, by its plain language provides that “the entire sentence, including the period of supervised release, is the punishment for the original crime, and ‘it is the original sentence that is executed when the defendant is returned to prison after a violation of the terms’ of his release.” Id. at 790 , quoting United States v. Paskow (C.A.9, 1993), 11 F.3d 873, 881 . {¶ 23} The Soto-Olivas court went on to state that “punishme

22
United States v. Lorenzo Soto-Olivasgreen
ca9 · 1995 · cited in 2 Ohio opinions naming this issue, 2002–2002
2 sentences

2002See, e.g., United States v. Soto-Olivas (C.A.9, 1995), 44 F.3d 788 , in which the court found that the federal supervised-release statute, Section 3583(a), Title 18, U.S. Code, by its plain language provides that “the entire sentence, including the period of supervised release, is the punishment for the original crime, and ‘it is the original sentence that is executed when the defendant is returned to prison after a violation of the terms’ of his release.” Id. at 790 , quoting United States v. Paskow (C.A.9, 1993), 11 F.3d 873, 881 . {¶ 23} The Soto-Olivas court went on to state that “punishme

2002See, e.g., United States v. Soto-Olivas (C.A.9, 1995), 44 F.3d 788 , in which the court found that the federal supervised-release statute, Section 3583(a), Title 18, U.S. Code, by its plain language provides that “the entire sentence, including the period of supervised release, is the punishment for the original crime, and ‘it is the original sentence that is executed when the defendant is returned to prison after a violation of the terms’ of his release.” Id. at 790 , quoting United States v. Paskow (C.A.9, 1993), 11 F.3d 873, 881 . {¶ 23} The Soto-Olivas court went on to state that “punishme

22
Woods v. Telbgreen
ohio · 2000 · cited in 4 Ohio opinions naming this issue, 2003–2006
2 sentences

2006See, e.g., R.C. 2929.14(F) (“If a court imposes a prison term of a type described in division (B) of section 2967.28 of the Revised Code, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender’s release from imprisonment, in accordance with that division” [emphasis added]); Woods v. Telb (2000), 89 Ohio St.3d 504, 512 , 733 N.E.2d 1103 (“post-release control is part of the original judicially imposed sentence” [emphasis added]).

2006See, e.g., R.C. 2929.14(F) (“If a court imposes a prison term of a type described in division (B) of section 2967.28 of the Revised Code, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender’s release from imprisonment, in accordance with that division” [emphasis added]); Woods v. Telb (2000), 89 Ohio St.3d 504, 512 , 733 N.E.2d 1103 (“post-release control is part of the original judicially imposed sentence” [emphasis added]).

14
State v. Marcum (Slip Opinion)green
ohio · 2016 · cited in 3 Ohio opinions naming this issue, 2016–2018
2 sentences

2018State v. Marcum, 146 Ohio St.3d 516 , 2016-Ohio- 1002, ¶ 1.

2018State v. Marcum, 146 Ohio St.3d 516 , 2016-Ohio- 1002, ¶ 1.

13
State v. Bonnell (Slip Opinion)green
ohio · 2014 · cited in 2 Ohio opinions naming this issue, 2019–2022
2 sentences

2022Specifically, the court held that “[n]othing about [the Jones] holding should be construed as prohibiting appellate review of a sentence when the claim is that the sentence was improperly imposed based on impermissible considerations—i.e., considerations that fall outside those that are contained in R.C. 2929.11 and 2929.12.” Bryant, supra, at ¶22 . 3 Case Nos. 2021-P-0103 and 2021-P-0104 committed as part of any of the courses of conduct adequately reflects the seriousness of the offender’s conduct. {¶10} (c) The offender’s history of criminal conduct demonstrates that consecutive sentences a

2022Specifically, the court held that “[n]othing about [the Jones] holding should be construed as prohibiting appellate review of a sentence when the claim is that the sentence was improperly imposed based on impermissible considerations—i.e., considerations that fall outside those that are contained in R.C. 2929.11 and 2929.12.” Bryant, supra, at ¶22 . 3 Case Nos. 2021-P-0103 and 2021-P-0104 committed as part of any of the courses of conduct adequately reflects the seriousness of the offender’s conduct. {¶10} (c) The offender’s history of criminal conduct demonstrates that consecutive sentences a

12
State v. Bradleygreen
ohio · 1989 · cited in 2 Ohio opinions naming this issue, 2005–2008
2 sentences

2008Therefore, Dwyer's first assignment of error is not well-taken. {¶ 16} Dwyer's second assignment of error states: {¶ 17} "Mr. Dwyer received ineffective assistance of counsel at his sentencing when trial counsel failed to object to the court's imposition of a sentence in violation of his rights under the [S]ixth and [Fourteenth [A]mendment[s] to the [Constitution of the United States." {¶ 18} The Supreme Court of Ohio, in State v. Bradley (1989), 42 Ohio St.3d 136 , paragraph two of the syllabus, adopted the following test set forth in Strickland v. Washington (1984), 466 U.S. 668 , to determi

2005See Bradley, 42 Ohio St.3d at 143 . {¶ 15} While the trial court did articulate its reasons for the sentence at the hearing, it did not make the requisite R.C. 2929.14 (B) findings.

12
State v. Castrogreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026State v. Castro, 2022-Ohio-4327, ¶ 12 (12th Dist.), following State v. Patrick, 2020-Ohio-6803, ¶ 22 . - 14 - Clinton CA2025-03-008 outcome.

11
State v. Pettigrewgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025See Pettigrew, 2023-Ohio-3877, at ¶ 11 (8th Dist.).

11
State v. Elliotgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025PAGE 2 OF 7 Case Nos. 2025-A-0001 and 2025-A-0002 {¶8} “‘As with all felony sentences, we review the trial court’s sentencing decision for a community control violation under the standard set forth by R.C. 2953.08(G)(2).’” State v. Hogya, 2024-Ohio-639, ¶ 11 (11th Dist.), quoting State v. Demangone, 2023- Ohio-2522, ¶ 11 (12th Dist.); and State v. Elliott, 2023-Ohio-1459, ¶ 11 (1st Dist.). {¶9} R.C. 2953.08(G)(2) provides: The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by

11
State v. Scottgreen
ohioctapp · 2021 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025“The Ohio Supreme Court has affirmed that a hearing to impose a sentence for a violation of community control is a sentencing hearing and, therefore, compliance with the relevant sentencing statutes is required.” State v. Scott, 2021-Ohio-1368, ¶ 13 (11th Dist.), citing State v. Jackson, 2016-Ohio-8127, ¶ 11 .

11
State v. Hogyagreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025PAGE 2 OF 7 Case Nos. 2025-A-0001 and 2025-A-0002 {¶8} “‘As with all felony sentences, we review the trial court’s sentencing decision for a community control violation under the standard set forth by R.C. 2953.08(G)(2).’” State v. Hogya, 2024-Ohio-639, ¶ 11 (11th Dist.), quoting State v. Demangone, 2023- Ohio-2522, ¶ 11 (12th Dist.); and State v. Elliott, 2023-Ohio-1459, ¶ 11 (1st Dist.). {¶9} R.C. 2953.08(G)(2) provides: The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by

11
State v. Wingategreen
ohioctapp · 2020 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024“The fact that the trial court chose to weigh various sentencing factors differently than how appellant would have weighed them does not mean the trial court erred in imposing appellant’s sentence.” Id. {¶14} “Further, R.C. 2921.331(C)(5)(b) outlines several factors that the sentencing court must consider prior to determining the sentence for a violation of R.C. 2921.331(B) when the offender caused a substantial risk of serious physical harm to persons or property.” State v. Wingate, 2020-Ohio-6796, ¶ 12 (3d Dist.).

11
State v. Bishop (Slip Opinion)green
ohio · 2018 · cited in 1 Ohio opinions naming this issue, 2023–2023
11
State v. Semenchukgreen
ohioctapp · 2010 · cited in 1 Ohio opinions naming this issue, 2023–2023
11
State v. Beasleygreen
ohio · 2018 · cited in 1 Ohio opinions naming this issue, 2019–2019
11
State v. Mooregreen
ohio · 2012 · cited in 1 Ohio opinions naming this issue, 2013–2013
11
State v. Singletonred
ohio · 2009 · cited in 1 Ohio opinions naming this issue, 2012–2012
11
State v. Simpkinsgreen
ohio · 2008 · cited in 1 Ohio opinions naming this issue, 2010–2010
11
State v. Buellgreen
ohio · 1986 · cited in 1 Ohio opinions naming this issue, 1992–1992
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (54)

CaseCitedYears
State v. Bryant green
ohio · 2022
2 sentences

2026The Supreme Court of Ohio clarified that the holding in Jones should not be "construed as prohibiting appellate review of a sentence when the claim is that the sentence was imposed based on impermissible considerations—i.e., considerations that fall outside those that are contained in R.C. 2929.11 and 2929.12." State v. Bryant, 2022-Ohio-1878, ¶ 22 .

2026The Supreme Court of Ohio clarified that the holding in Jones should not be "construed as prohibiting appellate review of a sentence when the claim is that the sentence was imposed based on impermissible considerations—i.e., considerations that fall outside those that are contained in R.C. 2929.11 and 2929.12." State v. Bryant, 2022-Ohio-1878, ¶ 22 .

172022–2026
State v. Morris neutral
ohio · 2022
2 sentences

2026"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 10} "A sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.'" State v. Morris, 2021-Ohio-2646, ¶ 90 (5th Dist.), rev'd on other grounds, State v. Morris, 2022

2026"Accordingly, when a trial court imposes a sentence based on factors or considerations that are extraneous to those that are permitted by R.C. 2929.11 and 2929.12, that sentence is contrary to law." Id. {¶ 20} "A sentence is not clearly and convincingly contrary to law where the trial court 'considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.'" State v. Morris, 2021-Ohio-2646, ¶ 90 (5th Dist.), rev'd on other grounds, State v. Morris, 2022

142025–2026
Blakely v. Washington green
scotus · 2004
2 sentences

2009(Tr. 12.) {¶ 6} Appellant filed this appeal, alleging two assignments of error: FIRST ASSIGNMENT OF ERROR The trial court erred in imposing a sentence in violation of Blakely v. Washington (2004), 124 S.Ct. 2531 .

2008The sentence was the term of incarceration jointly recommended by the parties. {¶ 2} A single assignment of error is presented: The trial court erred in imposing a sentence in violation of Blakely v. Washington (2004), 124 S.Ct. 2531 . *Page 2 {¶ 3} A criminal defendant who agrees to a specific sentence is not in a position to argue that his sentence is in violation of Blakely v. Washington (2004), 542 U.S. 961 , 124 S.Ct. 2531 .

82005–2009
State v. Jones (Slip Opinion) green
ohio · 2020
2 sentences

2024State v. Jones, 2020-Ohio-6729, ¶ 39 . “…R.C.2953.08, as amended, precludes second-guessing a sentence imposed by the trial court based on its weighing of the considerations in R.C. 2929.11 and 2929.12.” State v. Toles, 2021-Ohio-3531, ¶ 10 . {¶28} In State v. Bryant, the Ohio Supreme Court clarified its holding in Jones and further set forth the role of the appellate court: Nothing about that holding should be construed as prohibiting appellate review of a sentence when the claim is that the sentence was improperly imposed based on impermissible considerations - i.e., considerations that fall

2022As such, the Court’s review of the matter, and likewise our review of the matter at bar, was not precluded by the Court’s 9 Case Nos. 2021-L-080, 2021-L-081, 2021-L-082, 2021-L-083 ruling in State v. Jones, 163 Ohio St.3d 242 , 2020-Ohio-6729 , which held that an appellate court may not “independently weigh the evidence in the record and substitute its judgment for that of the trial court concerning the sentence that best reflects compliance with R.C. 2929.11 and 2929.12.” Id., at ¶42 and Bryant, supra, at ¶22. (“Nothing about [Jones] should be construed as prohibiting appellate review of a se

32022–2025
State v. Fischer green
ohio · 2010
2 sentences

2011In State v. Fischer, 128 Ohio St. 3d 92 , 2010-Ohio-6238 , however, the Court modified Bezak, clarifying that only the part of the sentence that was in error is void.

2011In State v. Fischer, 128 Ohio St. 3d 92 , 2010-Ohio-6238 , however, the Court modified Bezak, clarifying that only the part of the sentence that was in error is void.

32011–2013
State v. Beasley green
ohio · 1984
2 sentences

2001Such a belief stems from the decision in State v. Beasley (1984), 14 Ohio St.3d 74 , 471 N.E.2d 774 , which stated that a sentence in violation of statutory requirements renders the attempted sentence a nullity or void.

2001Such a belief stems from the decision in State v. Beasley (1984), 14 Ohio St.3d 74 , 471 N.E.2d 774 , which stated that a sentence in violation of statutory requirements renders the attempted sentence a nullity or void.

22001–2008
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2006In particular, appellant asserts that the trial court imposed the sentence in violation of jury trial principles afforded by the Sixth Amendment to the United States Constitution and in contravention of Blakely v. Washington (2004), 542 U.S. 296 , and State v. Foster, 109 Ohio St.3d 1 , 2006-Ohio-856 . {¶ 46} Blakely stems from Apprendi v. New Jersey (2000), 530 U.S. 466 , 490 , wherein the United States Supreme Court held that, "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and

2006In particular, appellant asserts that the trial court imposed the sentence in violation of jury trial principles afforded by the Sixth Amendment to the United States Constitution and in contravention of Blakely v. Washington (2004), 542 U.S. 296 , and State v. Foster, 109 Ohio St.3d 1 , 2006-Ohio-856 . {¶ 46} Blakely stems from Apprendi v. New Jersey (2000), 530 U.S. 466 , 490 , wherein the United States Supreme Court held that, "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and

22006–2006
Woods v. Telb green
ohio · 2000
2 sentences

2003Woods v. Telb , 89 Ohio St.3d 504 , 2000-Ohio-171 , characterized post-release control as a "part of an offender's sentence." Id., at 513. {¶ 17} A court that imposes a sentence that includes post-release control must notify the offender of the post-release control requirement at sentencing, and that "if the offender violates that supervision or condition of post-release control . . . the parole board may impose a prison term, as a part of the sentence, of up to one-half of the stated prison term originally imposed on the offender." R.C. 2929.19 (B)(3)(e).

2003Woods v. Telb, 89 Ohio St.3d 504 , 2000-Ohio-171 , characterized post-release control as a "part of an offender's sentence." Id., at 513. {¶ 17} A court that imposes a sentence that includes post-release control must notify the offender of the post-release control requirement at sentencing, and that "if the offender violates that supervision or condition of post-release control . . . the parole board may impose a prison term, as a part of the sentence, of up to one-half of the stated prison term originally imposed on the offender." R.C. 2929.19 (B)(3)(e).

22003–2003
State v. Gill green
ohioctapp · 2024
1 sentence

2026A court shall not impose more than one prison term on an offender under division (B)(11) of this section for felonies committed as part of the same act. {¶27} As the First District concluded in Gill, supra, 2024- Ohio-2792 (1st Dist.), read together, R.C. 2929.14 and 2941.1410 only authorize the imposition of an additional prison term for an MDO specification when the drug involved is a fentanyl- related compound or a mixture thereof.

12026–2026
State v. Patrick (Slip Opinion) green
ohio · 2020
1 sentence

2026State v. Castro, 2022-Ohio-4327, ¶ 12 (12th Dist.), following State v. Patrick, 2020-Ohio-6803, ¶ 22 . - 14 - Clinton CA2025-03-008 outcome.

12026–2026
State v. Toles (Slip Opinion) green
ohio · 2021
12024–2024
State v. Sullivan neutral
ohioctapp · 2023
12024–2024
State v. Sain neutral
ohioctapp · 2020
12024–2024
State v. Steger green
ohioctapp · 2016
1 sentence

2024“The fact that the trial court chose to weigh various sentencing factors differently than how appellant would have weighed them does not mean the trial court erred in imposing appellant’s sentence.” Id. {¶14} “Further, R.C. 2921.331(C)(5)(b) outlines several factors that the sentencing court must consider prior to determining the sentence for a violation of R.C. 2921.331(B) when the offender caused a substantial risk of serious physical harm to persons or property.” State v. Wingate, 2020-Ohio-6796, ¶ 12 (3d Dist.).

12024–2024
State v. Rose neutral
ohioctapp · 2020
12022–2022
State v. Bentley green
ohioctapp · 2022
12022–2022
State v. Henderson (Slip Opinion) green
ohio · 2020
12022–2022
C. E. Morris Co. v. Foley Construction Co. green
ohio · 1978
12022–2022
State v. Fultz neutral
ohioctapp · 2019
12022–2022
State v. Smith green
ohioctapp · 2021
12022–2022
State v. Howard (Slip Opinion) green
ohio · 2020
12022–2022
State v. Grimes (Slip Opinion) green
ohio · 2017
12021–2021
Miller v. Alabama green
scotus · 2012
12020–2020
State v. Warrix green
ohioctapp · 2015
12020–2020
State v. Long green
ohio · 2014
12020–2020
State v. Wilks (Slip Opinion) green
ohio · 2018
12019–2019
State v. Creech (Slip Opinion) green
ohio · 2016
12019–2019
State v. Dunwoody neutral
ohioctapp · 2018
12018–2018
State v. Garner neutral
ohioctapp · 2016
12018–2018
State v. Green green
ohio · 2000
12016–2016
State v. Branham neutral
ohioctapp · 2014
12016–2016
State v. Harris green
ohio · 2012
12013–2013
State v. Payne green
ohio · 2007
12012–2012
State v. Qualls green
ohio · 2012
12012–2012
State v. Henderson green
ohioctapp · 2011
12012–2012
Wilcher v. Mississippi (Two Judgments) green
scotus · 2004
12008–2008
State v. Reynolds green
ohio · 1997
12008–2008
State v. Evans green
ohio · 2007
12008–2008
Strickland v. Washington green
scotus · 1984
12008–2008
State v. Smith, Unpublished Decision (10-2-2006) neutral
ohioctapp · 2006
12007–2007

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.14 (46) OH § Ohio Rev. Code § 2953.08 (43) OH § Ohio Rev. Code § 2929.11 (37) OH § Ohio Rev. Code § 2929.12 (33) OH § Ohio Rev. Code § 2929.13 (28) OH § Ohio Rev. Code § 2929.20 (21) OH § Ohio Rev. Code § 2967.28 (17) OH § Ohio Rev. Code § 2929.16 (14) OH § Ohio Rev. Code § 2925.11 (13) OH § Ohio Rev. Code § 2929.19 (11) OH § Ohio Rev. Code § 2929.141 (8) OH § Ohio Rev. Code § 2903.02 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AL 132 (1890–2025) TN 106 (1976–2025) OH 95 (1992–2026) PA 93 (1919–2026) IL 92 (1909–2026) CA 84 (1898–2026) FL 72 (1947–2016) IN 64 (1880–2020) NC 38 (1796–2025) WA 37 (1918–2025) TX 34 (1927–2024) LA 33 (1917–2018) SC 33 (1975–2025) AZ 26 (1963–2024) MS 24 (1969–2018) GA 23 (1917–2021) NE 21 (1904–2021) NY 20 (1848–2023) MI 17 (1977–2023) IA 17 (1899–2021) MN 17 (1987–2025) KS 14 (1916–2025) NJ 14 (1951–2021) MA 13 (1988–2025) ID 12 (1971–2024) RI 12 (1977–2017) OR 12 (1917–2026) MT 12 (1923–2021) MO 11 (1905–2020) MD 11 (1973–2020) CO 11 (1910–2025) CT 11 (1943–2023) WI 9 (1964–2008) NH 8 (1976–2013) SD 7 (1989–2015) AK 7 (1969–2024) UT 6 (2006–2015) NM 6 (1960–2020) OK 5 (1969–2021) ME 5 (1982–2026) KY 5 (1925–2024) AR 5 (1977–1987) HI 4 (1999–2018) DE 3 (1942–2022) WY 3 (1935–1997) NV 3 (2014–2020) VA 2 (1946–2025) VI 2 (2014–2017) ND 2 (2006–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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