State v. Grant
2013 Ohio 3421
Ohio Ct. App.2013Background
- Grant was convicted in 1997 of involuntary manslaughter, aggravated burglary, two counts of aggravated robbery, and three kidnapping counts.
- On direct appeal, this court remanded to merge allied offenses of aggravated robbery and kidnapping as to two victims.
- After resentencing, Grant challenged convictions in subsequent appeals and postconviction motions.
- In 2012 Grant filed a Motion to Correct Void Sentence arguing merging all convictions under R.C. 2941.25.
- The trial court denied the motion; Grant appealed arguing the court should merge offenses and that the sentence was void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Grant’s postconviction motion meet timeliness and jurisdiction requirements? | Grant contends the motion is timely under postconviction rules. | The State argues the motion was untimely and outside jurisdiction. | No jurisdiction; motion untimely under R.C. 2953.21(A)(2) and 2953.23. |
| Does an allied-offenses error render a sentence void and subject to immediate review? | Grant asserts allied-offenses misapplication makes the sentence void. | Grant argues voidness should apply to mergers under R.C. 2941.25. | Allied-offenses error does not render a sentence void; it is voidable, not void. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (void postrelease-control sentencing when mandated terms not imposed)
- State v. Harris, 132 Ohio St.3d 318 (2012-Ohio-1908) (mandatory license suspension or postrelease control render parts of sentence void)
- State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (voidness principle described as narrow exception)
- State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (voidness related to statutorily mandated terms (Bezak cited with Fischer))
- State v. Beasley, 14 Ohio St.3d 74 (1984-Ohio-?) (authorize unlawful sentence; Beasley discussed voidness when statutory requirements ignored)
- Colegrove v. Burns, 175 Ohio St. 437 (1964-Ohio-?) (foundational rule: no court may impose a sentence contrary to law)
- State v. Johnson, 195 Ohio App.3d 59 (2011-Ohio-3143) (allied-offenses issues and scope of authority under 2941.25)