State v. O'Neal, 2012 Ohio 396

William O’Neal pleaded guilty to multiple kidnapping, felonious assault, weapon, and liquor-premises firearm offenses; several counts were merged and he was sentenced to 13 years.
The appellate court previously remanded for de novo resentencing due to post-release control issues and later upheld a nunc pro tunc entry; concerns about Rule 32(C) compliance arose.
On remand, Fischer altered the scope of permissible review, limiting resentencing to proper post-release-control imposition while preserving other merits.
O’Neal moved to withdraw his plea and to invalidate the sentence, arguing due process violations and lack of jurisdiction for delay.
The court ultimately affirmed in part, vacated in part, reinstating the previous sentence to the extent it properly imposed post-release control.
The decision discusses allied offenses, post-release-control imposition, and the availability of motions on remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are kidnapping and felonious assault allied offenses to be merged?	O’Neal argues merger under 2941.25 and Johnson.	State contends Fischer limits merger review after remand.	First assignment overruled.
Was the trial court entitled to deny the motion to withdraw the guilty plea on remand?	Due process concerns and actual innocence urged.	Court lacked authority to entertain post-remand plea withdrawal.	Second assignment overruled.
Did the delay in imposing a valid sentence warrant dismissal?	Delay violated Rule 32(A).	Court could resentence for proper post-release control; delay permissible.	Third assignment overruled.
Was there ineffective assistance of counsel on remand?	Counsel may have failed to secure proper post-release control.	No failure shown in ensuring proper post-release control.	Fourth assignment overruled.

State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (limits resentencing to proper imposition of postrelease control; res judicata applies to other merits)
State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (de novo sentencing for pre-July 11, 2006 post-release-control errors)
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (merger/ally offenses analysis context under Fischer)
State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (void sentence for improper post-release control language)