State v. Levy

Citations

• 2025 Ohio 1662

Syllabus

Crim.R. 36; clerical error; collateral attack; sentence; res judicata; direct appeal; State v. Harper, 2020-Ohio-2913; State v. Henderson, 2020-Ohio-4784. Judgment affirmed. Since the case was within the trial court's subject-matter jurisdiction and the defendant was properly before the court, any error in the imposition of postrelease control renders the trial court's judgment voidable and subject to res judicata pursuant to Harper. Our review of the record and procedural background reveals that now, over 20 years after his conviction, Levy raises a new collateral attack on his sentence that could have been raised at the time of his direct appeal. Under Henderson, Levy's failure to timely assert the alleged error, which would render the judgment voidable, amounts to the forfeiture of that objection. Thus, the trial court properly determined that any arguments challenging the imposition of postrelease control are barred by res judicata.