State v. Bennett, 2015 Ohio 3832

Robert L. Bennett was convicted by jury of murder and sentenced March 10, 2005 to 15 years to life; this court affirmed on direct appeal in 2006.
In January 2015 Bennett filed a pro se “Motion for Re‑Sentencing Based on Void Judgment” arguing defects in the 2005 sentencing entry.
Bennett claimed the trial court (1) failed to advise him of consequences for violating post‑release control and did not impose a mandatory three‑year post‑release control term, and (2) failed to notify him that failure to pay court costs could lead to community service.
The State opposed the motion as untimely and barred by res judicata; the trial court overruled the motion and Bennett appealed.
The appellate court treated Bennett’s filing as a petition under R.C. 2953.21 for purposes of consistency, but analyzed whether the claimed errors rendered the 2005 judgment void (which would allow collateral attack) or merely voidable/waived.
The court concluded Bennett’s alleged sentencing errors did not render the judgment void: murder is an unclassified felony not subject to post‑release control, and any court‑cost notice error is voidable (waivable) not void; affirmed the trial court’s denial.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Bennett)	Held
Whether failure to notify about post‑release control and imposition language voids sentence	Any such claim is untimely/res judicata; in any event murder is an unclassified felony and not subject to post‑release control	Trial court failed to notify him of post‑release control consequences and failed to impose mandatory 3‑year PRC, rendering judgment void	Court: Overruled — murder is unclassified and not subject to PRC; errors do not render judgment void, so claims are time‑barred/res judicata
Whether failure to advise that unpaid court costs may result in community service voids sentence	Failure to advise about court costs is at most a voidable error (waivable); defendant should have raised on direct appeal	Trial court failed to notify that failing to pay costs could lead to community service, which should void sentencing entry	Court: Overruled — court‑cost notice error is voidable, not void; barred by res judicata and time limits

State v. Reynolds, 79 Ohio St.3d 158, 679 N.E.2d 1131 (Ohio 1997) (post‑direct‑appeal motion seeking vacation/correction of sentence on constitutional grounds is a petition for postconviction relief)
State v. Gondor, 112 Ohio St.3d 377, 860 N.E.2d 77 (Ohio 2006) (standard of review for denial of R.C. 2953.21 petition — abuse of discretion)
State v. Herring, 94 Ohio St.3d 246, 762 N.E.2d 940 (Ohio 2002) (abuse of discretion definition)
State v. Adams, 60 Ohio St.2d 151, 404 N.E.2d 144 (Ohio 1980) (abuse of discretion standard discussion)
State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728, 654 N.E.2d 1254 (Ohio 1995) (appellate deference to trial court decisions)
In re Jane Doe 1, 57 Ohio St.3d 135, 566 N.E.2d 1181 (Ohio 1991) (appellate review limits)
State v. Szefcyk, 77 Ohio St.3d 93, 671 N.E.2d 233 (Ohio 1996) (res judicata bars claims raised or that could have been raised on direct appeal)
State v. Joseph, 125 Ohio St.3d 76, 926 N.E.2d 278 (Ohio 2010) (failure to inform defendant of court costs does not void entire sentence)