State v. Schmitt

Rogers, Judge.

{¶ 1} Defendant-appellant, Steven Schmitt, appeals the judgment of the Mercer County Court of Common Pleas resentencing him to notify him of postrelease control. On appeal, appellant asserts that the trial court could not impose postrelease control at a later date; that when postrelease control is not imposed during the original sentencing, a defendant is not subject to postrelease control; that if postrelease control may be imposed at a later date, the trial court must conduct a new sentencing hearing; that the state waived the issue of postrelease control by failing to appeal…