State ex rel. Romine v. McIntosh (Slip Opinion), 2020 Ohio 6826

Nelson L. Romine was tried on two indictments arising from the killing of A. Kenneth Jackson and related crimes; a jury convicted him in both cases.
In case No. 09CR-4171 Judge McIntosh imposed sentences including 25 years-to-life for aggravated murder and additional terms for kidnapping and firearm offenses.
In case No. 09CR-7222 the court imposed 15 years-to-life for murder and terms for aggravated robbery and firearm specifications; the court thereafter merged the murder counts and imposed an aggregate sentence of 36 years-to-life.
Romine filed an original action in the Tenth District seeking mandamus or prohibition to compel vacation/correction of what he alleged were void multiple sentences for the same homicide.
The Tenth District dismissed the petition, noting Romine could have raised the sentencing error on direct appeal; it also (in dicta) suggested the sentences were void under State v. Williams because the court had imposed multiple sentences for allied offenses before merger.
The Ohio Supreme Court affirmed: it held the imposition of compound sentences for allied offenses is an error in the exercise of jurisdiction (voidable, not void) and therefore Romine had an adequate remedy by direct appeal, so mandamus/prohibition was not available.

Issue	Romine's Argument	McIntosh / State's Argument	Held
Whether imposing multiple sentences for allied offenses (then merging) renders the sentence void	Imposition of two sentences for the same homicide (aggravated murder and murder) is contrary to R.C. 2941.25(A) and therefore void, permitting collateral attack	Any error in imposing multiple sentences was an error in exercise of jurisdiction that is voidable, not void; remedy is direct appeal	Court held such compound-sentence errors are voidable (not void) under later precedent; Williams’ holding that they are void is no longer controlling
Whether mandamus or prohibition is available to vacate the sentences	Because the sentences are void, extraordinary writs are appropriate and collateral attack is permissible at any time	Romine had an adequate remedy at law (direct appeal); he waived arguments by not objecting below	Court held mandamus/prohibition unavailable because an adequate remedy in the ordinary course of law (direct appeal) existed; petition dismissed

State v. Williams, 71 N.E.3d 234 (Ohio 2016) (held that imposing separate sentences for offenses subject to mandatory merger violates R.C. 2941.25 and were void)
State v. Damron, 950 N.E.2d 512 (Ohio 2011) (explains R.C. 2941.25 prohibits imposition of multiple sentences for allied offenses once they are found to be allied)
State v. Underwood, 922 N.E.2d 923 (Ohio 2010) (addresses constitutional challenge that a sentence imposes greater punishment than the legislature authorized)
State v. Rogers, 38 N.E.3d 860 (Ohio 2015) (discusses when a sentence may exceed legislative authorization and related constitutional issues)