Must New Sentencing Order Identify Defendant's Guilty Plea As Basis for Original Conviction, Sentence?
In Resentencing Offender Under 2006 'Foster' Decision
State of Ohio v. Donald J. Ketterer, Case nos. 2007-1261 and 2007-2425
Butler County Court of Common Pleas
* When a trial court conducts a new hearing in a criminal case to resentence the defendant for previous convictions, is the court's new sentencing order a valid "final" order subject to immediate appeal if it does not state that the convictions for which the defendant is being resentenced resulted from his guilty pleas at his original trial?
* Is an offender's sentencing order void if, at the time sentence is pronounced, the court orally advises the defendant of the correct term of postrelease control, but fails to identify each of the specific convictions for which postrelease control is being imposed?
* Is an offender's sentencing order void if, in its journal entry recording his convictions and sentence, the court correctly states that he will be subject to postrelease control but fails to state the term of postrelease control to which he will be subject or whether postrelease control is mandatory or discretionary? If such omissions render a sentencing order invalid, can the court rehabilitate its order without conducting a new hearing by inserting the omitted information in a subsequent nunc pro tunc (now for then) amendment to its original journal entry? _072425