STATE v. FINGER (2004)

The Court of Appeals for Cuyahoga County certified the following issue to this court:

{¶ 2} “Whether, when a trial court fails to notify an offender at plea or sentencing of mandatory post-release control, a reviewing court should reverse the sentence and remand for resentencing that includes the post-release control advisory or find that the defendant's prison sentence does not include post-release control.”

 {¶ 3} On the authority of State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085, 817 N.E.2d 864, we answer affirmatively to the first alternative in the certified issue.

MOYER, C.J., RESNICK, FRANCIS E. SWEENEY, SR., PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.