State v. Robinson

Citations

• 2024 Ohio 4977

Syllabus

Appellant's assignments of error one and three are premised in the alleged failure of the trial court to orally notify him of the mandatory nature of the post-release control sanction and his opposition to the mandatory language imposing post-release control in the judgment entry filed on June 7, 2013. A court of record speaks only through its journal entry and not by oral pronouncement or mere written minute or memorandum. The trial court did not abuse its discretion when finding that the sentence was not voidable. In appellant's second assignment of error. Under that doctrine of res judicata a defendant cannot raise an issue in a postconviction petition if he or she raised or could have raised the issue at the trial that resulted in that judgment of conviction or on an appeal from that judgment. Appellant failed to raise the void sentence on direct appeal and is barred from raising void sentence by res judicata and the Supreme Court's decision in Harper clarifies this.