Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-565175
ATTORNEY FOR APPELLANT Thomas A. Rein Leader Building, Suite.
ATTORNEYS FOR APPELLEE: Timothy J. McGinty Cuyahoga County Prosecutor By: Henry A. Marcus Assistant County Prosecutor The Justice Center.
BEFORE: EA. Gallagher, J., Boyle, P.J., and Rocco, J.
JOURNAL ENTRY AND OPINION
EILEEN A. GALLAGHER, JUDGE.
(¶1} Defendant-appellant Joseph White appeals his sentence rendered in the Cuyahoga County Court of Common Pleas. White argues the trial court erred (1) in imposing consecutive sentences without the required findings, (2) in failing to properly advise him of postrelease control and (3) in failing to properly advise White of the imposition of court costs. Finding merit to the instant appeal, we reverse the decision of the trial court and remand for the limited purpose of correction of the errors outlined below.
(¶ 2} The Cuyahoga County Grand Jury indicted White for felonious assault and having weapons while under disability. The state and White entered into a plea agreement whereby White pleaded guilty to an amended count of attempted felonious assault and having weapons while under disability, both third-degree felonies. During the sentencing hearing, in open court, the court sentenced White to 24 months of imprisonment for attempted felonious assault, 12 months for having weapons while under disability and ordered the sentences to be served consecutively. The court's journal entry, however, stated "a prison sentence at the Lorain Correctional Institution of 24 months."
(¶3} In an effort to remove any jurisdictional impediment, this court remanded the case to the trial court to issue a final, appealable order conforming to State v. Lester, 130 Ohio St.3d 303, 2011-Ohio-5204, 958 N.E.2d 142 (requiring a sentence for each count). On June 20, 2013, the trial court issued a nunc pro tunc journal entry sentencing White to two years in prison on the charge of attempted felonious assault and one year on the charge of having weapons while under disability to be served consecutively. White appeals, raising the following three assignments of error:
Assignment of Error I
The trial court erred by ordering appellant to serve a consecutive sentence without making the appropriate findings required by R.C. 2929.14 and HB 86.
Assignment of Error II
Appellant is entitled to a de novo sentencing hearing as the court did not properly impose a period of postrelease control at the sentencing hearing.
Assignment of Error III
The trial court erred by ordering appellant to pay costs in the journal entry because it was not ...