State v. Thompson

Citations

• 2021 Ohio 4491

Syllabus

As the trial court lacked jurisdiction to resentence appellant on Counts 1 and 3 while an appeal concerning those counts was pending, the portion of the court's order resentencing appellant on Counts 1 and 3 was void. The trial court retained jurisdiction to revoke appellant's judicial release community control on other counts, and did not err in revoking appellant's judicial release community control due to appellant's failure to pay restitution, as evidence demonstrated that appellant willfully or intentionally failed to pay restitution by not making a bona fide effort to acquire the resources to do so. As the trial court orignally sentened appellant to serve the community control term on Counts 1 and 3 consecutive to the prison term on the remaining counts, appellant's sentence to community control would begin following his release from prison. Judgment affirmed in part, reversed in part, case remanded.