State v. Lenard

Citations

• 256 N.E.3d 261
• 2024 Ohio 5008

Syllabus

Motion to vacate forfeiture order; subject-matter jurisdiction; forfeiture as part of guilty plea; res judicata. In December 2005, the defendant pled guilty to various offenses and, as part of the plea, agreed to forfeit several items. The defendant did not file a direct appeal. The defendant was sentenced to a lengthy prison term in various other cases in Ohio. The defendant filed multiple appeals, writs, and motions in the trial court. Related to this appeal, in March 2024, the defendant filed a motion to vacate the forfeiture order from 2005. Because the defendant agreed to forfeiture as part of his plea, the prosecutor's failure to file a petition for forfeiture did not divest the trial court of jurisdiction. Furthermore, the defendant's arguments challenging forfeiture are barred by the doctrine of res judicata.