STATE v. QUALLS, 128 Ohio St.3d 1424 (2011)

2011-Ohio-1049, 943 N.E.2d 571

State v. Qualls.

No. 2011-0202.Supreme Court of Ohio.
March 16, 2011.

Appeal from the Meigs App. No. 10CA8, 2010-Ohio-5316.

Motion and Procedural Rulings.

On review of order certifying a conflict. The court determines that a conflict exists.

The parties shall brief the issue stated at page 6 of the court of appeals’ Entry filed January 13, 2011:

“If a defendant is notified about postrelease control at the sentencing hearing, but that notification is inadvertently omitted from the sentencing entry, can that omission be corrected with a nunc pro tunc entry?”

PFEIFER and O’DONNELL, JJ., dissent.

The conflict case is State v. Lee, Lucas App. No. L-09-1279, 2010-Ohio-1704.

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