State v. Simpkins

In State v. Simpkins (2008), 117 Ohio St.3d 420, 2008 Ohio 1197, 884 N.E.2d 568, the Supreme Court of Ohio held that "In cases in which a defendant is convicted of, or pleads guilty to, an offense for which postrelease control is required but not properly included in the sentence, the sentence is void, and the state is entitled to a new sentencing hearing to have postrelease control imposed on the defendant unless the defendant has completed his sentence." Id. at syllabus. In so holding, the Court noted its unwillingness to apply the doctrine of res judicata to collateral attacks on void sentences. Id. at P30.