State v. Andrews

Citations

• 2022 Ohio 4209

Syllabus

Motion for resentencing petition for postconviction relief direct appeal untimely res judicata. The trial court properly treated appellant's motion for resentencing as a petition for postconviction relief because it (1) was filed after he had already filed a direct appeal, (2) claimed a denial of his constitutional right to effective assistance of counsel, (3) sought to render the trial court's judgment voidable, and (4) asked for the court to vacate his conviction and sentence. The trial court properly denied appellant's petition for postconviction relief because it was untimely filed and not subject to the exception set forth under R.C. 2953.23(A)(1). Further, the petition was barred under the doctrine of res judicata, as appellant's claims should have been raised in his direct appeal.