State v. Future, 2012 Ohio 2300

Future pled guilty to two counts of felonious assault with three-year firearm specifications and having a weapon under disability on April 7, 2008.
Sentencing occurred on April 30, 2008, imposing an aggregate term of 15 years, but the court failed to advise him of appellate rights.
Three years later, Future moved for resentencing on April 18, 2011, which the State did not oppose and which led to a resentencing hearing intended to restart the period to perfect an appeal.
Future sought to pursue an appeal, but did not obtain leave for a delayed appeal or file a postconviction relief petition based on the lack of appellate-right advisement.
This court previously addressed a similar scenario in State v. Barr, concluding the original sentence was final and the trial court lacked jurisdiction to resentence under a motion for resentencing.
The court herein follows Gover and Carlisle to explain the proper remedy, emphasizing that the final sentence could not be modified absent jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to resentence without appellate-right advisement	Future contends lack of appellate-right advisement voids resentencing	State argues proper remedy requires delayed appeal or postconviction relief, not resentencing	Trial court lacked jurisdiction; reverse and remand to reinstate original sentencing entry

State v. Barr, 8th Dist. No. 96907, 2011-Ohio-6651 (Ohio 2011) (finality of sentence; lack of jurisdiction to resentence under motion for resentencing)
State v. Gover, 71 Ohio St.3d 577, 645 N.E.2d 1246 (Ohio 1995) (proper remedy involves delayed appeal or postconviction relief when appellate-right issues arise)
State v. Hunter, 8th Dist. No. 92626, 2010-Ohio-657 (Ohio 2010) (distinction on void sentences and modification vs. final order)
Carlisle, 131 Ohio St.3d 127, 2011-Ohio-6553, 961 N.E.2d 671 (Ohio 2011) (final order; cannot be modified absent jurisdictional basis)