State v. Schleiger, 2013 Ohio 1110

Defendant-appellant Curtis Schleiger was convicted by a jury of felonious assault (second degree) and carrying a concealed weapon (fourth degree) in 2009.
Sentences imposing 8 years and 18 months imprisonment, to be served consecutively, were entered.
Appellant appealed, and an Anders brief was filed; appellant raised multiple issues including indictment dismissal and ineffective assistance.
This court found the trial court failed to properly impose postrelease control and remanded to correct under R.C. 2929.191.
A limited resentencing hearing was held on October 20, 2011, with appellant representing himself after discussing with counsel.
The trial court re-imposed the original sentence and advised of a mandatory three-year postrelease control term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was a valid waiver of counsel at resentencing	Schleiger argues right to counsel was violated at resentencing.	Schleiger contends he was not validly waivered or represented.	The court allowed representation; right to counsel not violated.
Whether postrelease control was properly imposed and explained	Schleiger argues sentencing failed to fully inform consequences under postrelease control.	Schleiger asserts misimposition or misstatement of consequences on remand.	Postrelease control properly imposed under R.C. 2929.191 at the resentencing and in the entry.
Whether the trial court could revisit concurrent vs consecutive terms	Schleiger sought concurrent terms re-imposed.	Schleiger contends trial court should revisit prison term alignment.	No error; remand limited to proper postrelease control and did not allow revisiting underlying terms.

State v. Fisher, 128 Ohio St.3d 92, 2010-Ohio-6238 (Ohio 2010) (void sentence lacking mandated postrelease control; limited new hearing to proper imposition)
State v. Peace, 2012-Ohio-6118 (3rd Dist. 2012) (defendant entitled to counsel at postrelease control hearing per third district)
State v. Fisher, 128 Ohio St.3d 92, 2010-Ohio-6238 (Ohio 2010) (see above; included again for emphasis on ministerial nature of remand)
State v. Jackson, 2012-Ohio-993 (12th Dist. 2012) (limits on revisiting underlying sentence after postrelease control correction)
Schleiger, 2010-Ohio-4080 (12th Dist. 2010) (remand to correct postrelease control imposition)
State v. Taylor, 2011-Ohio-1391 (4th Dist. 2011) (remand scope limits related to postrelease control corrections)