State v. Reed

Citations

• 2018 Ohio 4518

Syllabus

Motion to correct a void sentence petition for postconviction relief res judicata direct appeal review in the first instance. Judgment affirmed. The trial court properly denied defendant's motion when the defendant framed his argument as a challenge to a void sentence, but actually challenged the jury's guilty findings on his aggravated murder convictions in light of the jury's not guilty findings on the accompanying felony murder specifications. Defendant's motion to correct a void sentence is a petition for postconviction relief, which was untimely filed and barred by res judicata. Furthermore, this court cannot render a decision on defendant's sentencing issues because they were not raised in the motion he appealed from. Generally, we are not a court of first instance.