State v. Collins

Citations

• 2018 Ohio 4760

Syllabus

Anders appeal. Defendant appealed from the trial court's judgment following resentencing on post-release control only. Defendant has no arguably meritorious claim that the trial court erred in denying him a hearing on his sex offender classification. Any claim that the trial court lacked jurisdiction to impose post-release control for both rape and endangering children would be frivolous, as defendant was still serving his sentences on both offenses. Given that defendant would be serving five years of post-release control on the rape and the three-year post-release control obligation would be served concurrently, no arguably meritorious claim exists that the trial court erred in imposing a mandatory, rather than discretionary, period of post-release control for endangering children. Judgment affirmed, but case remanded for the limited purpose of a nunc pro tunc entry to reflect that the endangering children sentence is to be served consecutively to the rape sentence, consistent with the original 2007 judgment entry.