State v. Glover

Citations

• 2021 Ohio 2533

Syllabus

Appellant's challenge to the trial court's imposition of five years of post-release control for his multiple rape and sexual battery convictions is barred by res judicata. Assuming, purely arguendo, that the trial court had erred in imposing five years of post-release control for the offenses, such an error would render that aspect of the appellant's sentence merely voidable, not void. Where, as here, a trial court has subject-matter jurisdiction over the case and personal jurisdiction over the defendant, sentencing errors are non-jurisdictional, do not render a judgment void, and are forfeited if not raised on direct appeal. The trial court did not err in filing an amended judgment entry to correctly reflect that appellant was found guilty on two counts of rape following a bench trial, not a jury trial. Although appellant has not raised the issue, the trial court's amended judgment entry contains a second clerical error. It states that appellant pled no contest to four counts of sexual battery when, in fact, one of those counts was part of the bench trial. The trial court's amended judgment entry is affirmed. We nevertheless will remand the case to the trial court to file a nunc pro tunc judgment entry reflecting that the appellant's conviction for sexual battery in count four resulted from a bench trial, not a no-contest plea.