State v. LaSalla, 2015 Ohio 106

LaSalla was charged in 2012 with five counts including RICO, money laundering, theft, and attempted theft; all are third-degree felonies.
He pled guilty to all five counts in August 2012, receiving a total 57-month prison term plus postrelease control and five years of community control for Counts 4 and 5, plus restitution and costs.
This court’s prior decision in LaSalla I held Counts 3–5 were not allied with Count 1 and that the sentence could be upheld, but found error in ten years of community control and in the failure to make proper consecutive-sentence findings.
On remand, the trial court held a resentencing hearing and again imposed concurrent five-year community control for Counts 4–5 and consecutive terms for Counts 1–3, with restitution and costs.
This appeal arises from whether the remand and resentencing complied with the mandate, and whether the portion of the sentence exceeding statutory limits remained void or required further correction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the court properly include consecutive-sentence findings on the sentencing entry?	LaSalla	LaSalla	Remand to correct clerical omission; entry remanded to include findings
Was a de novo sentencing hearing required on remand for the ten-year community-control issue?	LaSalla	LaSalla	No de novo hearing; limited remand to fix the specific error
Was the ten-year consecutive community-control sanction void for exceeding statutory limits?	LaSalla	LaSalla	Void; corrected on remand to five years total under R.C. 2929.15(A)
Did the trial court comply with the mandate by addressing Counts 4–5 on remand?	LaSalla	LaSalla	Yes; court followed mandate and reimposed appropriate five-year community control for Counts 4–5
Is the overall sentence affirmed or remanded for further correction?	LaSalla	LaSalla	Sentence affirmed; remanded to incorporate consecutive findings into the entry

State v. Bonnell, 140 Ohio St.3d 209 (2014-Ohio-3177) (consecutive-sentence findings required in sentencing entry)
State v. Qualls, 2012-Ohio-1111 (2012-Ohio-1111) (clerical mistakes may be corrected nunc pro tunc)
State v. Geiger, 2006-Ohio-5642 (3d Dist. 2006) (duration of community control cannot exceed five years)
State v. Lisboa, 2008-Ohio-571 (8th Dist. 2008) (void sentence when community control exceeds statutory limit)
State v. Frost, 2014-Ohio-2645 (8th Dist. 2014) (remand limited to correcting error without de novo hearing)
State v. Nia, 2014-Ohio-2527 (8th Dist. 2014) (remand for correction of specific sentencing errors)
State v. Redd, 2012-Ohio-5417 (8th Dist. 2012) (normally remanded to address only issues appealed)
State v. Huber, 2012-Ohio-6139 (8th Dist. 2012) (limited remand; no vacation of whole sentence absent affected offenses)
State v. Saxon, 2006-Ohio-1245 (Ohio Supreme Court 2006) (appellate court may modify remand only for offenses appealed)
Sprague v. Ticonic Natl. Bank, 307 U.S. 161 (U.S. 1939) (mandate rule governs remand proceedings)