State v. Gibson, 96 N.E.3d 919

Gibson pleaded guilty to one count of fourth-degree felony aggravated assault and was sentenced to 16 months with 49 days jail-time credit (sentencing Oct. 25, 2016; judgment Oct. 31, 2016).
He filed a pro se motion (Dec. 15, 2016) seeking recalculation of jail-time credit to a total of 294 days, asserting he only discovered the alleged error after he was delivered into state custody on Nov. 4, 2016.
The trial court denied the motion as barred by res judicata and held R.C. 2929.19(B)(2)(g)(iii) inapplicable because Gibson did not expressly allege the error was not raised at sentencing.
No transcript of the sentencing hearing was in the record; Gibson did not file a direct appeal from his judgment.
The Tenth District reversed, concluding the motion facially asserted the error was not raised at sentencing and therefore R.C. 2929.19(B)(2)(g)(iii) applied to prevent res judicata dismissal; case remanded for consideration on the merits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a post‑sentence motion to correct jail‑time credit is barred by res judicata when the movant asserts the error was not raised at sentencing	Gibson: his written motion expressly states he learned of the error only after being delivered to state custody (post‑sentencing), invoking R.C. 2929.19(B)(2)(g)(iii) so res judicata should not apply	State: Gibson did not prove the error was not raised at sentencing (no transcript); statute should not apply absent proof and trial court may treat motion as res judicata‑barred	Court: Motion facially alleged the error was not raised at sentencing; R.C. 2929.19(B)(2)(g)(iii) applies and trial court erred in dismissing on res judicata grounds

State v. Jackson, 141 Ohio St.3d 171 (Ohio 2014) (res judicata bars issues raised or that could have been raised at trial or on direct appeal)
State v. Thompson, 147 Ohio St.3d 29 (Ohio 2016) (R.C. 2929.19(B)(2)(g)(iii) creates post‑sentencing right to move to correct jail‑time credit not previously raised at sentencing)