State v. Snell, 2019 Ohio 2251

On Oct. 25, 2017, Jared A. Snell pled guilty to one count of telecommunications harassment (first-degree misdemeanor). The court sentenced him to 60 days in jail, suspended, with two conditions: pay a $500 fine by Jan. 12, 2018, and have no contact with the victim.
Snell paid the $500 fine by the deadline. In May 2018 the court received evidence he violated the no-contact condition and issued a warrant after a hearing Snell did not attend.
Snell moved to vacate his sentence, arguing the original no-contact order was contrary to law because the trial court failed to state its duration as required by R.C. 2929.25.
At a resentencing hearing, the trial court vacated the original sentence and resentenced Snell to the same suspended 60-day term, again requiring payment of the fine (already paid) and specifying the no-contact order would last five years.
Snell appealed, arguing the trial court lacked jurisdiction to resentence him because, he contends, the community-control conditions expired when he paid the fine.
The Second District affirmed, holding the original no-contact order was void for failing to state duration, and a trial court retains jurisdiction to correct a void sentence and properly resentenced Snell consistent with R.C. 2929.25(A)(2).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction to resentence Snell after he paid the fine	Court (State) contended resentencing was proper to correct a void sentence and comply with R.C. 2929.25	Snell argued community-control conditions expired (upon payment), so court lacked jurisdiction to resentenced him	The court held it had jurisdiction: the original no-contact condition was void for lacking a duration, and courts retain jurisdiction to correct void sentences and resentence in compliance with statute

State v. Anderson, 35 N.E.3d 512 (Ohio 2015) (recognizes no-contact orders as community-control sanctions)
State v. Bezak, 868 N.E.2d 961 (Ohio 2007) (void judgments are treated as nullities)
State v. Jordan, 817 N.E.2d 864 (Ohio 2004) (remedy for a void sentence lacking a statutorily mandated term is resentencing)
State v. Geiger, 862 N.E.2d 914 (Ohio App. 2006) (failure to state duration for community control can render sanction void)
State v. Raber, 982 N.E.2d 684 (Ohio 2012) (trial courts retain continuing jurisdiction to correct void sentences)
State v. Billiter, 980 N.E.2d 960 (Ohio 2012) (discusses effect of void judgments and remedies)
State v. Fankle, 31 N.E.3d 1290 (Ohio App. 2015) (explains sentencing options under R.C. 2929.25 and that court retains jurisdiction for duration of sanctions)