State v. McPherson, 2012 Ohio 859

McPherson was indicted on May 2, 2007 for possession of marijuana (felony) and trafficking in MDMA (felony) with a forfeiture specification for $1,660.
He entered a no contest plea on November 15, 2007 and was sentenced in January 2008 to five years; the sentencing entry contained erroneous post-release control notification.
He moved for a delayed appeal on February 8, 2008; the appeal was dismissed May 15, 2008 for failure to file a docketing statement with the final judgment entry.
On May 14, 2010, he moved to be resentenced under Singleton for improper post-release control notification pending the matter.
On August 2, 2010, he moved to withdraw his plea based on incomplete information about post-release control; the trial court held a hearing September 24, 2010 and granted withdrawal with State not opposing.
The case proceeded with pre-trial motions, the jury trial was scheduled for January 31, 2011; he elected to plead to the offenses instead, signing a jury trial waiver but the court failed to properly inform him of rights and did not sentence him at that time; a February 4, 2011 entry was journalized.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of the plea under Crim.R. 11	McPherson contends the plea was invalid due to lack of proper colloquy.	State did not advance a contrary position on the plea validity in this stage.	Plea invalid; remand for full plea colloquy and sentencing.

State v. Clark, 119 Ohio St.3d 239 (Ohio 2008) (Crim.R. 11(C)(2) requires a thorough plea colloquy)
State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (redefines re-sentencing under plea when misinformed about penalties)
State v. Singleton, 124 Ohio St.3d 173 (Ohio 2009) (post-release control concerns warrant resentencing)
State v. Blanda, 2011-Ohio-411 (Ohio 2011) (sua sponte plain-error review considerations)