Monday, October 1, 2012

Sentence for violating PRC vacated (10 1 2012)

Chaise King was ordered to serve a prison term for violating conditions of his postrelease control (also know as PRC or "post release control"). But the PRC he supposedly violated was not properly imposed. Instead of imposing a PRC term of five years, as required, the trial judge had imposed a PRC term of "up to a maximum of five years." Since PRC was not properly imposed and King had already served his prison term, he could not have violated his postrelease control which was void. As the Fifth District Court of Appeals for Muskingum County put it, "we find the trial court erred in imposing a prison term for violating a ‘void’ post release control sanction." State v. King, 2012-Ohio-4580.

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