State v. Rogers, 2014 Ohio 3924

Rogers pled guilty to two amended counts of felonious assault, two counts of aggravated menacing, one count of improperly handling of firearms in a motor vehicle, and the discharge of a firearm on or near prohibited premises; other counts were nolled.
She was sentenced to five years in prison.
The day after sentencing, Rogers moved to reconsider the sentence, and a week later she filed a postsentence motion to withdraw her guilty plea.
On January 17, 2014, Rogers timely filed a direct appeal from her conviction.
Following the appeal filing, the trial court denied Rogers’s motions; this court later held the trial court lacked jurisdiction to decide merits of those motions during the ongoing direct appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction to rule on motions after Rogers filed a direct appeal	Rogers argues the trial court properly ruled on the motions	Rogers contends the trial court lacked jurisdiction due to the direct appeal	Trial court lacked jurisdiction; rulings are nullities
Whether the denial of the post-sentence motions violated due process	Rogers asserts due process was violated by denying without a hearing	The state maintains no due process violation	Rulings deemed nullities; remanded for abeyance pending appeal
Whether the sentence was improperly enhanced by judicial factfinding under the Sixth Amendment

State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (1978) (notice of appeal divests trial court of jurisdiction to act inconsistently with appellate review)
In re S.J., 2005-Ohio-3215 (Supreme Court of Ohio) (direct appeal limits trial court actions and preserves appellate jurisdiction)