State v. Evans, 2012 Ohio 4143

Evans was convicted in 2006 of multiple offenses including burglary, theft, failure to comply with police, safe cracking, and receiving stolen property, and the conviction was affirmed on direct appeal.
In 2009 Evans sought a new trial, which the trial court denied and this was affirmed on appeal.
In 2010 Evans moved for de novo sentencing, challenging post-release-control language; the trial court denied but this court remanded for nunc pro tunc correction to reflect post-release-control consequences.
A nunc pro tunc entry was entered on September 12, 2011 to correct the sentencing entry.
In November 2011 Evans moved to vacate and correct sentence, challenging a 2006 post-release-control sentence for violations arising from a Franklin County proceeding.
The trial court denied the motion; on appeal the court held the record insufficient to determine if Franklin County’s imposition of community control was void and, separately, that Evans did not request an evidentiary hearing, so the request was not error; the judgment was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2006 sentence for post-release-control violation is void.	Evans	Evans	Record insufficient to determine voidness; overruled without prejudice to further proceedings
Whether an evidentiary hearing was required on Franklin County’s post-release-control imposition.	Evans	Evans	No error; Evans did not request a hearing in the motion

State v. Evans, 2007-Ohio-6575 (4th Dist. 2007) (affirmed conviction and sentence)
State v. Evans, 2010-Ohio-5838 (4th Dist. 2010) (affirmed denial of new trial; related reasoning)
State v. Evans, 2011-Ohio-4630 (4th Dist. 2011) (nunc pro tunc correction of sentencing entry)
State v. Provens, 2011-Ohio-5197 (5th Dist. 2011) (void post-release-control sentence if notification deficient)