FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO No. CR-2018-04-1368
P. AGARWAL, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, JACQUENETTE S. CORGAN,
Assistant Prosecuting Attorney, and for Appellee.
DECISION AND JOURNAL ENTRY
A. SCHAFER, JUDGE.
Defendant-Appellant Leonard Tyler appeals his sentence in the
Summit County Court of Common Pleas.
The Summit County Grand Jury indicted Mr. Tyler on one count
of escape in violation of R.C. 2921.34(A)(3), a felony of the
fourth degree. Mr. Tyler eventually entered a plea of no
contest. The trial court accepted his plea and found him
guilty. The trial court thereafter sentenced Mr. Tyler to six
months of non-reporting community control. The court further
advised Mr. Tyler that if he violated the terms of his
community control sanctions, violated any law, or left the
State of Ohio without permission, the court could impose a
more restrictive sanction or could impose a prison term of
ten months with the possibility of three years of
Mr. Tyler filed this timely appeal raising one assignment of
error for our review.
of Error I
trial court committed reversible and plain error when it
sentenced the defendant without properly giving him all the
required notifications concerning post-release
In his sole assignment of error, Mr. Tyler contends that the
trial court committed plain error when it failed to give him
all of the required notifications concerning post-release
control. We disagree.
Although Mr. Tyler acknowledges that he did not raise this
issue in the trial court and, therefore, raises a plain error
argument on appeal, we note that the Supreme Court of Ohio
has held that "[a] sentence that does not include the
statutorily mandated term of postrelease control is void * *
* and may be reviewed at any time, on direct appeal or by
collateral attack." State v. Fischer, 128 Ohio
St.3d 92, 2010-Ohio-6238, paragraph one of the syllabus.
Therefore, Mr. Tyler did not forfeit his right to challenge
his sentence as void. See State v. Hairston, 10th
Dist. Franklin Nos. 07AP-160, 07AP-161, 2007-Ohio-5928,
Regardless, the trial court did not impose a prison sentence
in this case. Rather, the trial court sentenced Mr. Tyler to
six months of non-reporting ...