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· 10/5/2023

State v. Wooden

Citations

  • 2023 Ohio 3624

Syllabus

Allied offenses merger res judicata resentencing limited remand. The defendant's assignment of error — related to the imposition of compound sentences on offenses that the defendant said were allied offenses — is barred by res judicata. The defendant did not raise the alleged error in the previous direct appeal from the convictions and sentences. While this court previously vacated the sentences based on a Sierah's Law notification error, the underlying convictions were left standing. The defendant could not thereafter challenge the trial court's merger decision at the resentencing hearing or on an appeal from the sentences imposed at the resentencing hearing. Judgment affirmed.

Judges: E.A. Gallagher

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