State v. Juan, 2016 Ohio 5339

Hector A. H. Juan was indicted on three counts of gross sexual imposition and two counts of rape arising from sexual acts with a victim under 13. A jury convicted him on all counts after a 2012 trial.
At the April 4, 2012 sentencing hearing the trial judge announced sentences of three years on each GSI count (concurrent), and ten years on each rape count (concurrent), with the GSI counts to run consecutive to the rape counts for a total of 13 years.
The prosecution expressly advised the court at sentencing that the rape counts carried mandatory 10 years to life (indefinite) sentences; the judge acknowledged that.
The April 24, 2012 written judgment entry incorrectly listed the rape counts as ten-year terms (omitting the life-maximum), yielding a 13-year determinate total. No appeal was filed at that time.
On February 5, 2015 the trial court issued an amended judgment entry changing the rape sentences to "ten years to life" (total 13 years to life) without holding a new sentencing hearing or bringing appellant into court; appellant then filed a delayed appeal.

Issue	State's Argument	Juan's Argument	Held
Whether trial counsel rendered ineffective assistance at trial	Counsel's performance was adequate; evidence against Juan was overwhelming, so any errors were not prejudicial	Counsel erred multiple times (withdrawing suppression motion, weak opening, inadequate cross, failure to object to testimony, improper defense themes), so representation was ineffective	Court held counsel might have made errors but Juan failed to show prejudice under Strickland; assignment overruled
Whether the amended 2015 judgment correcting rape terms could be entered without a new sentencing hearing	The court may correct a clerical error under Crim.R. 36 and must reflect the judge's actual sentencing intent	Amending the sentence without bringing defendant to court deprived him of the right to be present at resentencing	Court held the April 24, 2012 entry erroneously omitted the life tail; the omission was a clerical mistake reflecting the judge's intent, but correction required bringing Juan into court for a new sentencing hearing; assignment sustained

Lytle v. State, 48 Ohio St.2d 391 (discusses two-step ineffective assistance analysis)
Bradley v. State, 42 Ohio St.3d 136 (ineffective assistance requires deficient performance and prejudice)
Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
Massaro v. United States, 538 U.S. 500 (on review limits of record for ineffective-assistance claims)
Pelfrey v. State, 112 Ohio St.3d 422 (jury verdict form must specify degree or aggravating element)
Colegrove v. Burns, 175 Ohio St. 437 (trial court cannot impose sentence other than statutorily provided)
Raber v. State, 134 Ohio St.3d 350 (limits on trial court's authority to revisit valid final judgments)
Cruzado v. Zaleski, 111 Ohio St.3d 353 (nunc pro tunc entries limited to reflecting what court actually decided)
White v. Junkin, 80 Ohio St.3d 335 (continuing jurisdiction limitations)
Fischer v. State, 128 Ohio St.3d 92 (sentence not in accordance with statute is void; only void portions may be vacated)
Brown v. State, 136 Ohio App.3d 816 (definition of clerical mistake in record)
Fogle v. Steiner, 74 Ohio St.3d 158 (nunc pro tunc entries cannot alter what court actually decided)