COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                      COUNTY OF CUYAHOGA
 
                           NO. 82093
 
STATE OF OHIO                 :
                              :
          Plaintiff-Appellee :
                              :         JOURNAL ENTRY
                              :
    vs.                       :              and
                              :
                              :            OPINION
MAURICE DUES                  :
                              :
          Defendant-Appellant :
 
 
DATE OF ANNOUNCEMENT
OF DECISION:                      August 21, 2003
 
CHARACTER OF PROCEEDING:          Criminal appeal from
                                  Common Pleas Court
                                  Case No. CR-426531
 
JUDGMENT:                         SENTENCE VACATED AND
                                  REMANDED FOR RESENTENCING
 
DATE OF JOURNALIZATION:           ____________________
 
APPEARANCES:
 
For Plaintiff-Appellee:           WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  PATRICK S. LEARY, Assistant
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
For Defendant-Appellant:          JOHN T. CASTELE
                                  2401 Superior Viaduct
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
ANTHONY O. CALABRESE, JR., J:
 
     Pursuant to R.C. 2929.19(B)(3), the trial court has a
 
mandatory duty at the sentencing hearing to notify the defendant
 
that he is subject to post-release controls. State v. Rashad (Nov.
 
8, 2001), Cuyahoga App. No. 79051. The record indicates, and the
 
parties agree, that the trial court failed to comply with this
 
mandatory requirement. We, therefore, vacate the sentence imposed
 
and remand this case for resentencing.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                   -3-
 
     This cause is vacated and remanded to the lower court for
 
further proceedings consistent with this opinion.
 
     It is, therefore, considered that said appellant recover of
 
said appellee costs herein.
 
     It is ordered that a special mandate be sent to the Cuyahoga
 
County Court of Common Pleas to carry this judgment into execution.
 
     A certified copy of this entry shall constitute the mandate
 
pursuant to Rule 27 of the Rules of Appellate Procedure.
 
 
 
 
                                        ANTHONY O. CALABRESE, JR.
                                                   JUDGE
KENNETH A. ROCCO, A.J.          and
 
ANN DYKE, J.               CONCUR.
 
 
 
 
N.B. This entry is an announcement of the court's decision. See App.R.
22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will be journalized
and will become the judgment and order of the court pursuant to App.R.
22(E) unless a motion for reconsideration with supporting brief, per
App.R. 26(A), is filed within ten (10) days of the announcement of the
court's decision. The time period for review by the Supreme Court of
Ohio shall begin to run upon the journalization of this court's
announcement of decision by the clerk per App.R. 22(E). See, also,
S.Ct.Prac.R. II, Section 2(A)(1).
 
.