State v. Beatty-Jones

Citations

• 2019 Ohio 3386

Syllabus

Upon vacating appellant's conviction for attempted felony murder, the trial court had jurisdiction to sentence him on the offenses that had been merged into the attempted felony murder. However, the trial court lacked jurisdiction to resentence on offenses that were unaffected by the vacation of the attempted felony murder conviction. Because the trial court re-imposed the same sentences for the unaffected offenses, the trial court's error in holding a de novo sentencing hearing on all offenses did not affect its amended judgment entry. The trial court did not err in failing to merge two firearm specifications and imposing a prison sentence on both specifications. The trial court did not err in imposing post-release control on the felonious assault offense that had been previously merged into the now-vacated attempted felony murder offense. The trial court's sentencing on the felonious assault was an original sentencing for that offense, not a resentencing. Even assuming that the time appellant served on the attempted felony murder charge applied to the sentence for felonious assault, he had not completely served the felonious assault term prior to the resentencing hearing. Judgment affirmed.