State v. McBride

Citations

• 2017 Ohio 891

Syllabus

CRIMINAL LAW - PLEAS, MOTIONS & OTHER HEARINGS - where appellant fails to provide appellate court with transcript of guilty plea hearing, we must presume regularity of that proceeding sentencing error is properly raised in trial court at sentencing or via motion to vacate sentence, not in motion to withdraw guilty plea. CRIMINAL LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - where it is unclear from sentencing entries which sentence was to be served first, sentence was ambiguous and must be construed in defendant's favor sentencing entry is not reversible if it does not specifically explain the order of service of consecutive sentences trial court's statement that postrelease control is mandatory in this case up to a maximum of five years does not conform to statutory requirement where appellant failed to provide transcript of sentencing hearing, we presume regularity of sentencing hearing and the mistake in the entry is subject to correction by nunc pro tunc entry.