Legal Opinion · Dissent

State v. Montgomery

Ohio Court of Appeals

Decided June 19, 2017No. 2017CA00035Published

1DissentHoffman, P.J.

{¶ 21} I respectfully dissent from the majority decision. I do not find the trial court's entry stating "may be subject to an additional prison term" sufficient to inform Appellant of the mandatory nature of time imposed for violation of postrelease control in that the term for the new felony would be served consecutive to the term imposed for violation of postrelease control.

{¶ 22} In State v. Morrison , Delaware App. No. 17CAA01003, 2017-Ohio-1240 , 2017 WL 1232534 , this Court held a trial court must not only advise the defendant a post-release control violation by the commission of a new…

2Cases cited4 opinions

  1. National City Bank, N.E. v. BeyerOhio Supreme Court · 2000
  2. State v. NicholsonOhio Court of Appeals · 2016
  3. State v. MercerOhio Court of Appeals · 2016
  4. State v. MorrisonOhio Court of Appeals · 2017

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