State v. Armes, 2017 Ohio 7011

In 2015 Bo Armes pleaded no contest to one count of OVI under R.C. 4511.19(A)(1)(h); the Medina Municipal Court entered judgment and sentenced him to 11 days in jail.
Armes appealed, arguing the trial court improperly denied his motion to suppress; the municipal court stayed the sentence pending appeal.
This Court affirmed the denial of the suppression motion and Armes’s conviction, and the stay was lifted. State v. Armes, 9th Dist. Medina No. 15CA0022-M, 2016-Ohio-5087.
At a subsequent status conference the municipal court concluded the original 11‑day jail term was below the statutory mandatory minimum (20 days for a qualifying prior) and sua sponte vacated the sentence as void.
The municipal court resentenced Armes to 21 days in jail; Armes appealed, arguing the trial court lacked jurisdiction to increase his sentence absent a remand and that res judicata barred resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court could resentence after appeal without remand	Armes: appeal divested trial court of jurisdiction; res judicata bars resentencing; no remand issued	State: original sentence was statutorily deficient and therefore void; court may correct void sentences	Court: original sentence was void for being below statutory mandatory minimum; trial court properly vacated and corrected sentence

State v. Beasley, 14 Ohio St.3d 74 (court may void and correct a sentence that disregards statutory requirements)
Colegrove v. Burns, 175 Ohio St. 437 (a court has no power to impose a sentence different from that provided by statute)
State v. Fischer, 128 Ohio St.3d 92 (res judicata does not preclude review or correction of a void sentence)