State v. Kerns, 2011 Ohio 6788

Kerns, a sexually oriented offender, moved to Medina County without notifying the Sheriff.
He was indicted and pleaded no contest to failing to notify the Sheriff of a new address, and was sentenced to three years in prison.
The court mistakenly advised that post-release control was mandatory up to five years.
The Attorney General reclassified him under the Adam Walsh Act as a Tier III offender.
Kerns moved to correct the sentence and to withdraw his plea, arguing post-release control error and unconstitutionality of reclassification.
The trial court denied the withdrawal, resentenced to fix post-release control, and Kerns appealed the rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal from the denial of withdrawal of plea was timely	Kerns argues the denial was appealable and timely.	State argues the time did not permit a timely appeal.	Appeal from the denial is timely only if filed timely; dismissed for untimeliness.
Whether the conviction should be vacated due to unconstitutional reclassification	Kerns contends the Adam Walsh Act reclassification was unconstitutional.	State argues res judicata bars this challenge and the sentence otherwise valid.	Res judicata bars the challenge to reclassification; conviction stands.

State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (reclassification provisions unconstitutional)
State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (post-release control error correction limited hearing)
State v. Boswell, 121 Ohio St.3d 575 (2009-Ohio-1577) (presentence vs post-sentence plea withdrawal standards)
State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (res judicata bars after final conviction)