State v. Bragg, 2020 Ohio 4059

John Bragg was convicted in 1989 of two counts of aggravated murder, kidnapping, and aggravated robbery; a jury recommended 30 years to life on each murder count.
The original October 18, 1989 sentencing entry appears to impose life with parole eligibility after 30 years on Count 2 only; a December 7, 1989 nunc pro tunc entry, however, sentenced Bragg to life on both Counts 1 and 2 and then stated the court merged the two sentences.
Bragg repeatedly litigated postconviction claims over the years and, in May 2019, moved to correct a "facially illegal sentence," arguing the nunc pro tunc entry was void for imposing separate sentences on allied murder counts and that the gun-specification term was defective.
The State conceded the allied-offenses sentencing issue on appeal but argued a resentencing remand was unnecessary because the original entry reflected the State’s election to sentence on Count 2.
Applying State v. Williams, the court held the nunc pro tunc sentence imposing separate sentences on allied murder counts was void; the court vacated the life term on Count 1, treated the counts as merged, kept the life term on Count 2 with parole eligibility after 30 years, and found the three-year firearm-specification term valid and consecutive.
The matter was remanded with instructions to issue a sentencing entry reflecting the modification (vacatur of Count 1’s life term; Count 2 life term and three-year gun specification to run prior and consecutive).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether imposing separate sentences on counts the court found allied (then merging) renders the sentence void and not barred by res judicata	State conceded Williams applies; the sentence is void but asks no remand because original entry shows State elected Count 2	Bragg: separate sentences then merger violate Williams; sentence is void and challenge not barred by res judicata	Court: Void under Williams; upheld that claim is not barred; vacated Count 1 life term and modified judgment to reflect merger and single life term on Count 2
Whether the firearm-specification three-year actual-incarceration term was improperly imposed (thus void)	State: the nunc pro tunc entry unambiguously imposed a three-year mandatory term to be served prior to life	Bragg: trial court failed to impose the mandatory three-year actual consecutive term correctly, so firearm spec sentence is void	Court: Nunc pro tunc entry unambiguously imposed three-year term to begin prior to and consecutive with life; firearm specification valid; assignment overruled

State v. Williams, 148 Ohio St.3d 403 (Ohio 2016) (where court determined offenses are allied, it must merge and cannot impose separate sentences; separate concurrent sentences are void; remedy may be modification rather than remand)
State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (resentencing hearing is proper to correct void sentences but courts may correct sentences without remand when court had no sentencing discretion)
State v. Whitfield, 124 Ohio St.3d 319 (Ohio 2010) (state has right to elect which allied offense to pursue at resentencing)