State v. Fischer, 2012 Ohio 3665

In 2002, Fischer was convicted by a jury of aggravated robbery, two counts of aggravated burglary, felonious assault, having a weapon under disability, and five firearm specifications, with a total 14-year sentence.
Two firearm specifications were imposed; three other specifications were merged into those, and the merged specs did not receive separate terms.
Fischer appealed and the convictions were affirmed in State v. Fischer, 2003-Ohio-95.
In 2008, Fischer moved for resentencing for defective post-release control notification; the court resentenced him and this appeal followed.
Ohio Supreme Court later held in State v. Fischer, 2010-Ohio-6238, that post-release control errors void only the offending portion and that res judicata applies to the remainder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by imposing a three-year term on a previously merged firearm specification.	Fischer (the defendant) argues the court had no authority to impose on a merged specification.	The State concedes and contends the court acted within statutory authority by reassigning terms as allowed when a void portion is corrected.	The court’s action was correct; the three-year term on the merged/specification was properly addressed under former and current statutes, and the sentence is sustained.

State v. Harris, 2012-Ohio-1908 (Ohio) (void sentence term when statutorily mandated term missing; limit remedy to offending portion)
State v. Fischer, 2010-Ohio-6238 (Ohio Supreme Court) (post-release control error voids only offending portion; res judicata applies to remainder)
State v. Saxon, 2006-Ohio-1245 (Ohio) (res judicata and voiding portions of sentence guidance)
Colegrove v. Burns, 175 Ohio St. 437 (Ohio) (void sentence principle when court exceeds authority)
State v. Smead, 2010-Ohio-4462 (Ohio) (affirm appellate judgment on other grounds if result is correct)