State v. Thomas

{¶ 1} The judgment of the court of appeals entered on March 6, 2009 is vacated. The judgment of the trial court entered on May 12, 2009, resentencing appellee pursuant to the court of appeals’ judgment, is also vacated. {¶ 2} The cause is remanded to the trial court for a determination of whether postrelease control was properly imposed in appellee’s 2001 sentence and, if not, for resentencing. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Lanzinger, J., dissents and would dismiss the appeal as having been improvidently accepted. *413 Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, for appellant.