R.C. 2967.28(B)(2) Interpretation
In State v. Rich (2007), Stark App. No. 2006CA00171, 2007 Ohio 362, Assignment of Error I, this court recently reviewed the same issues herein and found they lacked merit.
In Rich, the appellant was convicted of a felony in the second degree, the same as appellant sub judice.
The appropriate term of post-release control for a second degree felony is a mandatory three year term. See, R.C. 2967.28(B)(2).
After careful analysis, the Rich court reversed the sentence in part and remanded the matter to the trial court for a specific post release control term, stating the following in pertinent part:
"We recognize the aforecited statutes do not require a trial court to notify the offender of the specific term of his or her post-release control sanction, and that the specific term is established by operation of law.
However, the determination of guilt in a criminal matter and the sentencing of a defendant convicted of a crime are solely the province of the judiciary." Rich at P21.
"We concur with the well-reasoned analysis in the second assignment of error in Rich and hereby vacate the post-release control section of the sentence and remand the matter to the trial court "to include imposition of the correct specific PRC period pursuant to R.C. 2967.28(B)(2)." Rich at P21.