State v. McDaniel, 2011 Ohio 5001

Indicted in 2002 with Keith Gilcreast on charges related to a car wash shooting; a 2003 supplemental indictment followed.
Prior to retrial, McDaniel pleaded guilty in May 2003 to attempted murder with a firearm specification and felonious assault; other charges were dismissed; sentenced to 19 years; no direct appeal filed.
In May 2009 McDaniel moved to withdraw his guilty plea alleging improper informing about post-release control; trial court denied in part due to lack of a complete transcript; this Court later held the 2003 sentencing entry void for erroneous post-release control notification and remanded for a new sentencing hearing.
Prior to resentencing, McDaniel filed a renewed motion to withdraw his guilty plea; at the June 4, 2010 resentencing, he withdrew the motion; midway through the hearing he sought to reassert it, but the court proceeded to sentence.
The court resentenced McDaniel to 19 years; McDaniel appealed asserting three assignments of error.
The Court of Appeals ultimately affirmed some aspects, reversed the merger issue and remanded for Johnson-based merger analysis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
De novo resentencing required?	McDaniel argues no de novo resentencing occurred.	McDaniel contends the court failed to conduct a proper de novo hearing.	De novo resentencing occurred; assignment overruled.
Whether the felonious assault and attempted murder were allied offenses and must merge	McDaniel argues the offenses are allied and must merge.	State contends the trial court did not decide merger in light of Johnson.	Remanded to determine merger consistent with Johnson.
Whether the oral motion to withdraw plea was properly considered	McDaniel contends the oral withdrawal should have been ruled upon.	Court properly proceeded since no pending motion remained.	No abuse; assignment overruled.

State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (overruled Rance; allied offenses depend on conduct and same act/same state of mind)