State v. Bozek, 2016 Ohio 1305

In May 2010 Lawrence Bozek shot his wife multiple times, inflicted serious injuries, and was charged with seven counts including attempted murder, felonious assault, and kidnapping, each with firearm specifications.
Bozek pleaded guilty (Aug. 13, 2010) pursuant to a plea and joint sentencing agreement to two counts of attempted murder (Count 1: purposely; Count 2: attempted felony murder) and the firearm specifications; remaining counts were nolled.
The trial court imposed consecutive sentences totaling 20 years (including mandatory 3-year firearm terms); Bozek did not file a timely direct appeal but later sought delayed appeal and post-conviction relief.
After State v. Nolan (Ohio 2014) held attempted felony murder is not a cognizable offense, Bozek filed a second petition for post-conviction relief seeking to void Count 2 and be resentenced only on Count 1.
The trial court denied the second petition without a hearing; the court of appeals reversed, holding the conviction on Count 2 (attempted felony murder) was void and that the entire plea agreement must be vacated, with all counts reinstated for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether attempted felony murder conviction is void after Nolan	State: conviction stands under the plea	Bozek: Nolan makes attempted felony murder non-cognizable and thus void	Held: Attempted felony murder is not cognizable; conviction on Count 2 is void
Whether a void sentence permits collateral attack despite res judicata/time limits	State: post-conviction time bars apply	Bozek: a void sentence means no final order, so time limits do not run	Held: Void judgments may be attacked at any time; 180-day filing period did not begin
Proper remedy when part of a plea is void	State: limit relief to the void count and resentence only on remaining valid count	Bozek: requested vacatur only of Count 2 and resentencing on Count 1	Held: Vacation of the plea is complete as to the entire bargain; plea vacated and all counts reinstated
Whether trial court erred procedurally in denying post-conviction petition without findings	Bozek: trial court failed to include findings of fact and conclusions of law	State: denial was proper	Held: Issue rendered moot by reversal and vacatur of plea; no separate remedy needed here

State v. Payne, 114 Ohio St.3d 502 (void vs. voidable judgments distinction)
State v. Simpkins, 117 Ohio St.3d 420 (jurisdictional vs. nonjurisdictional error analysis)
State v. Nolan, 141 Ohio St.3d 454 (holding attempted felony murder is not a cognizable offense)
State v. Fischer, 128 Ohio St.3d 92 (void sentences subject to collateral review at any time)
State v. Bezak, 114 Ohio St.3d 94 (effect of a void judgment is that it is a nullity)
Romito v. Maxwell, 10 Ohio St.2d 266 (void judgment returns parties to status as if no judgment occurred)