State v. Buckner, 2011 Ohio 4358

Buckner was convicted in 1999 of two drug-trafficking counts and four counts of having weapons under a disability; convictions affirmed on appeal.
In 2002, this court vacated the weapon-disability sentences as allied offenses of similar import; remand allowed resentencing for a single weapons offense.
Buckner pursued a December 2007 motion to correct a void sentence, arguing improper postrelease-control advisement; trial court denied.
On appeal, this court vacated the sentences, remanding for resentencing due to postrelease-control advisement and Buckner’s absence at the 2002 sentencing.
In September 2009, Buckner was resentenced; this court later vacated for improper postrelease-control advisement, jail-credit calculation, and failure to impose mandatory fines absent indigency.
On remand, the 2010 resentencing reimposed an aggregate 15-year sentence with $25,000 fines, but Buckner was credited with 4129 days jail-time; indigency remained unaddressed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata bars allied-offenses and guidelines challenges	Buckner, Buckner argues blocks on remand should be reconsidered.	Buckner asserts new resentencing must revisit allied-offense and guideline issues.	Res judicata bars those aspects; only void portions may be vacated.
Indigency and imposition of mandatory fines	Buckner contends fines were void due to indigency.	Court previously found Buckner not indigent or failed to prove indigence.	Indigency shown; mandatory fines vacated.
Whether the driver’s-license suspension start date could be altered on remand	Buckner argues starting date could be adjusted.	Resentencing limited to vacated issues; no authority to alter non-void terms.	tribunal had no authority to change the suspension start date.
Adequacy of postrelease-control advisement	Buckner argues improper advisement for postrelease control.	Advisement as to mandatory and discretionary terms was largely correct.	Any error deemed harmless; advisement largely sustained.
Calculation of jail-time credit	Buckner challenges the jail-time credit calculation.	Credit calculation supported by record.	Jail-time credit calculation affirmed.

State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (res judicata applies to lawful aspects of a conviction when a sentence is partly void)
State v. Hall, 1st Dist. No. C-100097, 2011-Ohio-2527 (2011-Ohio-2527) (exchange on related sentencing issues and finality of non-void portions)
State v. Thomas, 1st Dist. Nos. C-100411 and C-100412, 2011-Ohio-1331 (2011-Ohio-1331) (clarifies appellate review of resentencing and related issues)
State v. Ballou, 8th Dist. No. 95733, 2011-Ohio-2925 (2011-Ohio-2925) (harmless-error analysis in postrelease-control advisement contexts)
State v. Brown, 9th Dist. No. C.A. No. 25099, 2010-Ohio-5327 (2010-Ohio-5327) (indigency determinations and fines under sentencing statutes)