State v. Merritt

Citations

• 2021 Ohio 3122

Syllabus

POSTCONVICTION—CONSTITUTIONAL LAW/CRIMINAL—JURISDICTION: The common pleas court properly dismissed for lack of jurisdiction defendant's postconviction claim contending that his rape and kidnapping offenses were allied offenses of similar import subject to merger under R.C. 2941.25: the claim was reviewable under R.C. 2953.21 et seq., governing the proceedings on a petition for postconviction relief, because it sought relief based on an alleged constitutional violation during the proceedings leading to those convictions, R.C. 2953.21(A)(1) but the postconviction statutes did not confer jurisdiction to entertain the claim, because the claim did not satisfy the postconviction statutes' time restrictions or jurisdictional requirements for entertaining a late postconviction claim, R.C. 2953.21(A)(2) and 2953.23 and the sentences were not correctable under the jurisdiction to correct a void judgment, because they were imposed by a court having personal and subject-matter jurisdiction. The common pleas court properly dismissed for lack of jurisdiction defendant's postconviction claims that the trial court erred in sentencing him without making statutory sentencing findings or considering the statutory sentencing purposes and principles or seriousness and recidivism factors set forth in R.C. 2929.11, 2929.12 and 2929.14: the claims were not reviewable under any postconviction proceeding provided by statute or rule and the sentences were not correctable under the jurisdiction to correct a void judgment, because they were imposed by a court having personal and subject-matter jurisdiction.