State v. Carlisle, 131 Ohio St. 3d 127

Carlisle was convicted by a jury of kidnapping and gross sexual imposition involving a 6-year-old foster child.
Initial sentencing on July 11, 2007 included prison terms to be served concurrently, postrelease control, offender classification, and jail-time credits with execution suspended pending appeal.
On direct appeal Carlisle challenged only the convictions; his sentence appeal was not raised at that time.
The Court of Appeals remanded for execution of sentence while Carlisle sought further review, and the Supreme Court later denied jurisdiction on related matters.
Carlisle moved in 2009 to reconsider and modify his sentence, arguing the sentence was not yet executed and that medical conditions justified modification.
The trial court vacated the sentence in 2009 and resentenced to five years of community control, prompting the court of appeals to reverse.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had authority to modify a final sentence before execution	Carlisle contends the sentence was not final until execution, so modification was permissible	State asserts a final judgment cannot be modified absent statutory authorization, even before execution	Final judgment is final upon journalization; court lacked authority to modify

State ex rel. Cruzado v. Zaleski, 111 Ohio St.3d 353 (2006-Ohio-5795) (general rule that trial court lacks authority to modify a final criminal judgment)
State v. Addison, 40 Ohio App.3d 7 (1987) (former shock probation statute; authority to modify predicated on then-repealed statutes)
State v. Lambert, 2003-Ohio-6791 (2003) (once delivered to custody, authority to suspend/modify terminates)
State v. Garretson, 140 Ohio App.3d 554 (2000) (judgment finality affects capacity to modify before execution)
State ex rel. Special Prosecutors v. Judges, 55 Ohio St.2d 94 (1978) (mandate rule limits lower court authority after appellate judgment)
State v. White v. Junkin, 80 Ohio St.3d 335 (1997) (judgment final when journalized; authority limits to modify)
State v. Baker, 2008-Ohio-3330 (2008) (definition of final conviction judgment: conviction, sentence, judge's signature, journal entry)
State v. Lester, 2011-Ohio-5204 (2011) (modification rules refined for final judgments)
State v. Massie v. Rogers, 77 Ohio St.3d 449 (1997) (jurisdictional limits on modifying sentences)
Johnson v. Sacks, 173 Ohio St. 452 (1962) (sentencing errors improper exercise of jurisdiction)
Walker v. Maxwell, 1 Ohio St.2d 136 (1965) (precedent on finality of judgment and modification)
Majoros v. Collins, 64 Ohio St.3d 442 (1992) (jurisdictional limits on sentence modification)
Garretson, 140 Ohio App.3d 554 (2000) (see Garretson above)