State v. Bolton, 2013 Ohio 2467

In 2010 Bolton was convicted of kidnapping, rape, gross sexual imposition, and having a weapon while under disability.
On direct appeal the court found two allied offenses should merge and that Bolton was misclassified under Adam Walsh Act rather than Megan’s Law.
On remand the court resentenced Bolton to the same terms and kept Megan’s Law classification.
Bolton sought a de novo resentencing on all counts, argued Megan’s Law should apply, and requested statutory reductions on the weapon count.
The State opposed a de novo resentencing beyond the allied-offenses issue; the court limited resentencing and retained the same sentences.
The court also classified Bolton as a sexually-oriented offender under Megan’s Law with a ten-year registration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether de novo resentencing on all counts was required	Bolton—need de novo resentencing on all counts.	State—remand limited to allied-offenses issue; not all counts.	De novo resentencing limited to allied-offense issue; not all counts.
Whether the court could resentence the weapons-disability count under statutory changes	Bolton—subject to new sentencing statutes on the weapon count.	State—reversal did not include weapon count; no authority to resent.	Court lacked authority to resentence the weapons-disability count.
Whether the court could impose consecutive sentences without proper findings	Bolton—consecutive sentences were permissible with proper findings.	State—findings not required previously; de novo could impose.	The court failed to make required findings under R.C. 2929.14(C)(4); error sustained.
Whether Bolton could remain classified under Megan’s Law on remand after Adam Walsh Act changes	Bolton—Megan’s Law retroactivity applies; Adam Walsh Act not applicable.	State—remand for law in effect at time of offense; Williams supports Megan’s Law remand.	Remand under the law in effect at the time of offense; Megan’s Law classification applicable.

State v. Wilson, 129 Ohio St.3d 214 (2011-Ohio-2669) (remand for allied-offenses sentencing limits review to affected sentences)
State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (law of the case in allied-offenses remand)
State v. Saxon, 109 Ohio St.3d 176 (2006-Ohio-1245) (syllabus on review scope after remand)
State v. Simonoski, 8th Dist. No. 98496 (2013-Ohio-1031) (typographical error in sentencing statute interpretation)
State v. Walker, 8th Dist. No. 97648 (2012-Ohio-4274) (consecutive-sentencing findings requirement)
State v. Ryan, 8th Dist. No. 97648, 2012-Ohio-4274 (2012-Ohio-5070) (consecutive-sentencing findings and revised statute)
State v. Huber, 8th Dist. No. 98206 (2012-Ohio-6139) (de novo resentencing on allied offenses requires C(4) findings)
State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (remand for resentencing under law in effect at offense time)