State v. Triplett, 2011 Ohio 5431

State v. Triplett (2011-Ohio-5431) concerns resentencing after a prior appeal in the Fourth District of Ohio.
Triplett was indicted in December 2009 for aggravated robbery and aggravated burglary and pleaded guilty in February 2010.
In August 2010 Triplett sought a delayed appeal, which the court granted.
In the pending appeal (State v. Triplett, 10CA35, 2011-Ohio-4628), Triplett challenged the trial court’s failure to inform him about mandatory post-release control and the court remanded for a new sentencing hearing.
While that appeal was pending, the trial court resentenced Triplett, gave proper post-release control notice, and issued a new conviction entry.
Triplett timely appealed the resentencing entry, challenging the trial court’s jurisdiction to resentence while the appeal was pending.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the trial court without jurisdiction to resentence during a pending appeal?	Triplett argues lack of jurisdiction; resentencing was void.	Triplett contends court could act in aid of appeal to rectify issues.	Court lacked jurisdiction; resentencing void, judgment void, reverse.
If jurisdiction existed, did the court err in refusing to permit withdrawal of guilty plea?	Triplett argues the plea should be withdrawable if resentencing flawed.	State contends issues moot due to first error deficiency.	Ruling moot; resolved by related first assignment.

State ex rel. Rock v. School Employees Retirement Bd., 96 Ohio St.3d 206 (2002-Ohio-3957) (trial court lacks authority over matters inconsistent with appellate jurisdiction)
In re S.J., 106 Ohio St.3d 11 (2005-Ohio-3215) (determination of appeal appropriateness lies with appellate court; trial court cannot determine merit of appeal)