State v. Rollins

Citations

• 2018 Ohio 4525

Syllabus

The trial court did not err when it overruled appellant's motion to vacate a void sentence because it was untimely filed and barred by res judicata. Furthermore, the record establishes that, even though the indictment stated an inapplicable specification pursuant to R.C. 2971.03(A)(4) with respect to Counts IV, V, and VII, the trial court, prior to sentencing and through an agreement of the parties, sentenced appellant under the applicable section, R.C. 2971.03(A)(3)(d)(ii). Thus, any error in the indictment was harmless. Judgment affirmed.