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{¶ 32} I agree with the majority opinion in its disposition of appellant's first and second assignments of error. However, since I am not one of the members of this court that concludes a mandatory period of post-release control "is not a part of an offender's sentence," I respectfully disagree with its disposition of his third. See State v. Harris, Cuyahoga App. No. 81677, 2003-Ohio-1003.
{¶ 33} In my view, a trial court cannot accomplish by negligence what cannot be accomplished intentionally. Therefore, I would sustain appellant's third assignment of error only in part, and would remand this case for a resentencing hearing, with instructions to
{¶ 34} the trial court to fully apprise appellant of the statutory post-release requirements that apply to him.
Document Info
Docket Number: Case No. 84292.
Citation Numbers: 2004 Ohio 6111
Judges: TIMOTHY E. McMONAGLE, J.
Filed Date: 11/18/2004
Precedential Status: Non-Precedential
Modified Date: 4/17/2021