State v. Schrader, 2020 Ohio 3925

In 2014 Schrader pled guilty to non-support in Case No. CR20130196 and received community control; he later violated that supervision.
In 2017 Schrader was indicted for non-support in Case No. CR2017367; he was not arrested on the warrants until 2019.
On November 18, 2019 Schrader agreed to plead guilty in Case No. 367 and admit the violation in Case No. 196 in exchange for six-month prison terms in each case to be served concurrently; the court accepted the plea and pronounced concurrent six-month terms in open court.
The written sentencing entries, however, mistakenly stated the six-month terms were to run consecutively.
Schrader filed notices of appeal in December 2019; while the appeal was pending the trial court filed amended entries on April 3, 2020, purporting to correct the error to concurrent terms.
The appellate court held the trial court lacked jurisdiction to amend the judgment while the appeal was pending, deemed the trial-court amendments ineffective, sustained the sentencing-assignment of error, and remanded for the trial court to enter appropriate nunc pro tunc entries reflecting the concurrent six-month terms as pronounced.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in sentencing by imposing consecutive terms in the written entries	State conceded the clerical error but argued the trial-court amended entries mooted the appeal	Schrader argued the parties agreed to concurrent six-month aggregate sentence and the written consecutive entries were erroneous	The trial court lacked jurisdiction to file amended entries after appeal; its April 3 entries were a nullity; matter remanded for nunc pro tunc entries reflecting concurrent terms
Whether Schrader's guilty plea was knowing and voluntary given the sentencing discrepancy	State did not press a contrary position (conceded error)	Schrader argued plea was involuntary because the written sentences contradicted what was announced in open court	Moot in light of resolution of the sentencing error

State v. Washington, 137 Ohio St.3d 427 (2013) (notice of appeal divests trial court of jurisdiction except to act in aid of the appeal)
State v. Ward, 187 Ohio App.3d 384 (2010) (trial court cannot issue nunc pro tunc entry that affects issues on appeal)