State v. Barr

Citations

• 2022 Ohio 2690

Syllabus

Repeat violent offender specification 1984 rape conviction voidable res judicata. The trial court had subject matter jurisdiction over the case and personal jurisdiction over the defendant and, therefore, under State v. Harper, 160 Ohio St.3d 480, 2020-Ohio-2913, 159 N.E.3d 248, and State v. Henderson, 161 Ohio St.3d 285, 2020-Ohio-4784, 162 N.E.3d 776, any sentencing error, to the extent one even exists, renders the sentence voidable, not void. Voidable sentencing errors must be raised on direct appeal. Appellant's contention that his 1984 rape conviction was too old to form the basis of the repeat violent offender specification attendant to his 2007 conviction in this case is res judicata since he failed to raise the issue in his direct appeal.