State v. Ingels

Citations

• 2018 Ohio 724

Syllabus

SENTENCING - JURISDICTION - APPELLATE REVIEW/CRIMINAL : Defendant's kidnapping sentences were void and thus subject to correction, because the trial court had no statutory authority to enhance those sentences pursuant to sexually-violent-predator specifications charged under former R.C. Chapter 2971, when the specifications were not, as former R.C. 2971.01(H)(1) had required, based on a sexually-violent-offense conviction that had existed prior to the indictment charging the specifications: the common pleas court did not err in overruling, because the doctrine of the law of the case precluded the court from granting, defendant's postconviction motion for resentencing on that ground but following the appeals court's decision overruling its prior decisions holding that the sentences were not void, the sentences are properly remanded to the common pleas court for resentencing under the jurisdiction to correct a void judgment. [But see DISSENT: Defendant's kidnapping sentences were not subject to correction, because the claimed error did not render those sentences void.]