State v. Rodriguez

Citations

• 2019 Ohio 5117

Syllabus

Res judicata resentencing postrelease control sufficiency of the evidence ineffective assistance of counsel. Defendant's challenge to his sentence based on trial court's failure to impose a firearm specification is barred by res judicata where he could have and did previously raise the challenge. Where a trial court fails to impose postrelease control as part of a sentence, the court does not err by conducting a limited resentencing for the purpose of imposing postrelease control. A defendant's subsequent challenge to the sufficiency of the evidence is res judicata where he could and did challenge the sufficiency of the evidence pursuant to direct appeal. A defendant's ineffective assistance of counsel claim fails where it is based on previously raised and rejected arguments, or where it challenges conduct that was outside the scope of representation.