State v. Bach

Citations

• 2017 Ohio 7262

Syllabus

Defendant-appellant appeals pro se from an order overruling his motion to correct his sentence. The termination entry incorrectly states that the period of post release control Defendant-appellant must serve upon his release from prison for the offense of Felonious Assault, a second degree felony, is five years, rather than the proper period of three years. This mistake, as the State concedes, constitutes prejudicial error making this portion of the sentence void but subject, upon remand, to correction. The remaining issues raised by Defendant-appellant regarding court costs, financial sanctions, and ineffective assistance of counsel are barred by res judicata. Judgment affirmed in part, reversed in part, and remanded for resentencing to correct the imposition of post release control.