State v. Ford

Citations

• 2020 Ohio 578

Syllabus

Petition for postconviction relief ineffective assistance of counsel sexual offender void postrelease control nunc pro tunc. The trial court did not abuse its discretion in denying Ford's petition for postconviction relief because he has not shown that he was unavoidably prevented from discovering facts relating to his petition or that any new federal or state right applies. However, his argument regarding postrelease control has merit it part. Although the trial court properly advised Ford of postrelease control at the sentencing hearing, it failed to include the proper advisements in the sentencing journal entry. Thus, the sentencing entry was not the \minimally compliant\ as required under State v. Grimes, 151 Ohio St.3d 19, 2017-Ohio-2927, 85 N.E.3d 700, which was decided after Ford was sentenced, but applies retroactively. The trial court's sentencing entry error, however, can be corrected through a nunc pro tunc entry.