State v. Connally, 2019 Ohio 4441

Jahmez L. Connally was convicted after a jury trial in a home-invasion case of aggravated burglary (Count 1), multiple aggravated robberies and robberies, and two kidnappings, all with specifications.
The trial court applied merger to several counts and sentenced Connally to three concurrent 3-year terms on Counts 1, 2, and 5, ordered consecutive mandatory 3-year gun specifications for Counts 1 and 2, for a total of nine years.
Connally appealed on evidentiary and sufficiency/manifest-weight grounds; this court affirmed. An application to reopen his appeal for ineffective assistance of appellate counsel was denied.
Connally later filed a motion to vacate a void judgment (arguing R.C. 2941.25 merger error—Count 1 should have merged), which the trial court denied as not void and barred by res judicata.
Connally appealed the denial; the appellate court reviewed whether the sentence was void and whether res judicata or postconviction procedures applied.

Issue	State's Argument	Connally's Argument	Held
Whether the sentence is void because Count 1 was not merged under R.C. 2941.25	The judgment is not void; alleged merger error does not render the sentence void	The sentence is void because the court failed to merge allied offenses as required by R.C. 2941.25	Court held the judgment is not void; merger claim does not automatically void sentence
Whether Connally's motion is actionable after direct appeal or is barred by res judicata / must be brought under postconviction statute	The motion is a postconviction challenge and is barred by res judicata because the merger issue could have been raised on direct appeal	The court lacked authority to contradict R.C. 2941.25 and must vacate the sentence as void	Court treated the filing as a petition for postconviction relief and affirmed denial under res judicata; appeal overruled

Smith v. Voorhies, 119 Ohio St.3d 345 (Ohio 2008) (allied-offense claims are non-jurisdictional)
Mosley v. Echols, 62 Ohio St.3d 75 (Ohio 1991) (discussion of allied-offense and merger principles)
State v. Williams, 148 Ohio St.3d 403 (Ohio 2016) (clarifies when sentences are void for allied offenses)
State v. Reynolds, 79 Ohio St.3d 158 (Ohio 1997) (motions to vacate sentence after direct appeal are treated as postconviction relief)
State v. Szefcyk, 77 Ohio St.3d 93 (Ohio 1996) (res judicata applies in postconviction proceedings)
State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (establishes scope of res judicata in criminal cases)
State v. Gondor, 112 Ohio St.3d 377 (Ohio 2006) (standard of review for postconviction relief decisions)