State v. Dixon

Citations

• 2018 Ohio 192

Syllabus

The trial court did not err in overruling the appellant's motion for relief from judgment on the basis of a void sentence. The appellant's motion alleged that the trial court should have merged allied offenses of similar import when it sentenced him in 2006 and that its failure to do so rendered his sentence void. Assuming, purely arguendo, that the appellant was entitled to merger, the failure to merge allied offenses of similar import renders a sentence voidable, not void. Therefore, the trial court correctly found the appellant's argument barred by res judicata. Judgment affirmed.