State v. Beverly, 2018 Ohio 2116

Defendant Jordan Beverly was resentenced in June 2015 after a partial reversal; the new sentencing eliminated a prior two-track structure and imposed wholly consecutive terms totaling 50 years.
Original sentencing had a two-track structure: one track produced a 66.5-year term on 13 counts; a second track produced an 8.5-year aggregate on six counts (including counts 2, 3, and 5) that was concurrent with the 66.5-year track.
By the time of resentencing Beverly had served just over four years of his original aggregate sentence.
Beverly sought reopening of his direct appeal under App.R. 26(B), asserting appellate counsel was ineffective for failing to challenge resentencing on counts for which he already had completed his sentences (counts 2, 3, and 5). This court granted reopening as to that claim.
The State conceded, and the court agreed, that the trial court lacked jurisdiction to resentence counts 2 (18 months), 3 (12 months), and 5 (18 months) because Beverly had completed those terms before resentencing.
The court reversed the resentencing as to those counts, reinstated the original sentences on them, and held they must run concurrently with the remaining consecutive 46.5-year aggregate, yielding a total aggregate sentence of 46.5 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court had jurisdiction to resentence counts (2, 3, 5) already completed before resentencing	State concedes court lacked jurisdiction to alter counts already served	Beverly: counts 2, 3, 5 were completed before resentencing so court lacked jurisdiction and those original sentences must be reinstated	Court: Trial court lacked authority to resentence those counts; original terms reinstated
Whether appellate counsel was ineffective for not raising the above issue on direct appeal	State: conceded error once issue identified	Beverly: appellate counsel ineffective for failing to challenge resentencing on served counts	Court: Reopening granted; counsel ineffective for failing to raise the jurisdictional claim
Effect on aggregate sentence when reversing resentencing of counts 2,3,5	State: reversing reduces aggregate by 3.5 years to 46.5 years	Beverly: reversing should reduce aggregate by 4 years to 46 years	Court: Reversal removes 3.5-year increment imposed at resentencing but reinstates the original 4-year concurrent term, resulting in net aggregate 46.5 years

State v. Beverly, 75 N.E.3d 847 (2d Dist. 2016) (prior appeal addressing sentencing and affirmed aspects of resentencing)