State v. Crawford

Citations

• 2020 Ohio 4897

Syllabus

JURISDICTION — POSTCONVICTION — SENTENCING —CRIM.R. 36: The common pleas court had no jurisdiction to grant resentencing upon defendant's claims in his postconviction motion that his judgment of conviction was void because it imposed an incorrect period of postrelease control, incorrectly stated that he had been convicted upon guilty pleas, and reimposed court costs without holding a hearing: the judgment of conviction was not correctable under the jurisdiction to correct a void judgment, because it was entered by a court having personal and subject-matter jurisdiction nor could the court have granted resentencing under any postconviction proceeding provided by statute or rule. The common pleas court properly exercised its authority under Crim.R. 36 to correct a clerical mistake in omitting an order of costs from the judgment of conviction entered upon resentencing. The common pleas court erred in not correcting under Crim.R. 36 clerical mistakes in a judgment of conviction in imposing an incorrect period of postrelease control and incorrectly stating that defendant had been convicted upon guilty pleas.