State v. Pattin, 2018 Ohio 3947

James L. Battin was indicted for kidnapping and rape (Feb. 18, 2015); kidnapping later dismissed.
On March 16, 2016 Battin pled guilty to felonious assault with a gun specification as a "stipulated lesser included offense" of the rape count; court imposed a joint recommended 7-year sentence.
Battin later filed multiple postconviction motions seeking to vacate his conviction and withdraw his plea; a motion to vacate was denied on Nov. 28, 2017 and appealed.
While that appeal remained pending, Battin filed (May 16, 2018) a motion to correct an allegedly void sentence, arguing felonious assault is not a lesser-included offense of rape and he was never indicted for felonious assault.
The trial court denied the May 16, 2018 motion on May 29, 2018; Battin appealed, raising (1) that the court lacked jurisdiction to rule while the earlier appeal was pending and (2) that his conviction was void because he pleaded to an unindicted offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court lacked jurisdiction to decide May 16, 2018 motion while prior appeal was pending	State: Court may act on matters consistent with the appealed decision	Battin: Trial court divested of jurisdiction once appeal was perfected	Held: Trial court retained jurisdiction to deny the subsequent motion because denial was consistent with the earlier ruling; assignment overruled
Whether pleading guilty to felonious assault (not charged in indictment) renders conviction void	State: A valid guilty plea admits commission of the offense and may be to an unindicted offense	Battin: Felonious assault is not a lesser-included offense of rape and he was never indicted for it, so conviction is void	Held: Pleading guilty to an unindicted offense is permitted; conviction is not void on that basis; assignment overruled

State ex rel. Sullivan v. Ramsey, 124 Ohio St.3d 355 (trial court retains jurisdiction to take actions consistent with an appeal)
State ex rel. Electronic Classroom of Tomorrow v. Cuyahoga Cty. Court of Common Pleas, 129 Ohio St.3d 30 (same principle regarding trial-court actions during appeal)
State v. Jones, 83 Ohio App.3d 723 (discussion that felonious assault is not a lesser-included offense of rape)
State v. Evans, 122 Ohio St.3d 381 (touchstone authority cited on elements and related lesser-included-offense analysis)
Deem v. Ohio, 40 Ohio St.3d 205 (lesser-included-offense framework)
Stacy v. Van Coren, 18 Ohio St.2d 188 (a defendant may plead guilty to an offense not charged in the indictment)
State v. Walls, 96 Ohio St.3d 437 (indictment as a grand-jury determination of probable cause)