State v. Stone

Citations

• 2020 Ohio 1407

Syllabus

The trial court did not err by overruling appellant's post-conviction motion to withdraw his guilty plea. Defense counsel did not render ineffective assistance merely because he had previously worked for the prosecutor's office. Res judicata barred appellant from arguing as grounds for withdrawal that he was incorrectly informed that he was subject to post-release control for a murder conviction. The judgment of conviction is not void the prison term imposed on appellant for murder was statutory, and a reference to an incorrect statute was merely a clerical error. Because the transcript of the sentencing hearing showed that the trial court did not impose a term of post-release control, that portion of the subsequent judgment entry of conviction imposing it is vacated. Judgment affirmed as modified.