State v. Berrien, 2015 Ohio 4450

In 2005, a jury found Berrien guilty of attempted murder, aggravated robbery, and felonious assault and he was sentenced to 10 years with up to 5 years postrelease control and costs.
On direct appeal, convictions were affirmed but remanded for resentencing under Foster v. Ohio to correct sentencing.
In 2007, on remand, the trial court resentenced Berrien to 10 years with 5 years postrelease control and costs.
In 2014, Berrien, pro se, filed a motion for re-sentencing alleging a void judgment; the trial court denied it.
Appellant appeals asserting two errors: (1) failure to notify about potential community-service for unpaid costs; (2) improper postrelease-control terms and related mandatory language.
The appellate court reviews postconviction relief petitions under abuse-of-discretion and applies res judicata to preclude arguments not raised on direct appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Notify re costs and community service	Berrien argues void sentence due to lack of notification on potential community service.	Berrien contends trial court failed to adequately inform about costs leading to community service.	First assignment overruled; res judicata bars relitigation; inability to review without transcript; error deemed reversible, not void.
Postrelease control and mandatory language	Berrien argues the judgment failed to state postrelease control was mandatory and misapplied statutorily.	State contends proper five-year postrelease control was imposed and notification eventually corrected on remand.	Second assignment overruled; postrelease control properly imposed and advised; no reversible error.

State v. Reynolds, 79 Ohio St.3d 158 (1997) (postconviction relief defined; collateral attack)
State v. Calhoun, 86 Ohio St.3d 279 (1999) (abuse-of-discretion standard in postconviction relief)
State v. Bayless, 2014-Ohio-2475 (12th Dist. Clinton) (res judicata in postconviction relief)
State v. Wagers, 2012-Ohio-2258 (12th Dist. Preble) (abuse of discretion; standard for postconviction relief)
State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata doctrine)
State v. Weathers, 2013-Ohio-1104 (12th Dist. Butler) (community-service notification remedy and costs)
State v. Graham, 2015-Ohio-576 (12th Dist. Warren) (effects of failure to notify on sentencing issues; res judicata)