State v. Gresham, 2012 Ohio 5079

Gresham was indicted in 2006 on two counts each of felonious assault and kidnapping, one count of domestic violence and one count of attempted murder.
He pleaded guilty to one count each of felonious assault and domestic violence and to two counts of kidnapping, receiving a total 14-year prison term.
Gresham moved to withdraw his guilty pleas in 2006 and later moved to correct/consolidate sentences under Foster; the trial court denied these motions in 2011, and this court affirmed in 2011.
In 2011 Gresham moved to merge allied offenses under Johnson; the trial court denied, citing res judicata since the issue could have been raised on direct appeal.
The appellate court held that Johnson’s analysis did not apply retroactively to Gresham’s pre-existing convictions and that res judicata barred postconviction relief on allied-offense grounds.
The court declined to address remaining issues about postrelease control and restitution because they were not properly raised below or on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in denying allied-offense merger	Gresham argued offenses were allied and should have merged.	State maintained no merger required under applicable law and timing.	No error; claims barred by res judicata and Johnson does not apply retroactively.
Whether postrelease control was properly imposed	Gresham contends postrelease control was unauthorized and misapplied.	State contends postrelease control was properly imposed.	Issue waived; court declines to address remaining postrelease-control arguments.
Whether the restitution amount was properly specified in the judgment	Gresham argues the restitution amount was not expressly stated.	State contends restitution details were satisfied by judgment.	Issue waived; court declines to address restitution specifics on appeal.

State v. Underwood, 124 Ohio St.3d 365 (2010-Ohio-1) (Double jeopardy and allied-offense principles applicable)
State v. Reynolds, 79 Ohio St.3d 158 (1997-Ohio-304) (postconviction relief timing and standards)
State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars subsequent Wheeler claims)
State v. Kelly, 2012-Ohio-2930 (2012-Ohio-2930) (allied-offenses analysis; retroactivity concerns)
State v. Rance, 85 Ohio St.3d 632 (1999-Ohio-291) (statutory element comparison for allied offenses)
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (new test for whether one offense could be committed with same conduct)
State v. Castro, 2012-Ohio-2206 (2012-Ohio-2206) (res judicata and failure to raise allied-offenses argument on appeal)