State v. Jones, 2012 Ohio 4957

Appellant Christopher M. Jones was convicted in 04-CR-267 of theft of a motor vehicle, forgery over $5,000, and identity fraud, with the cases later consolidated.
On May 16-17, 2011 he pleaded guilty in the 2004 cases and received a community control sanction; he did not timely appeal the sentencing.
In December 2011 a hearing was held on alleged violations of his community control, resulting in a judgment entered December 22, 2011.
Jones challenged the 2011 sentencing on allied-offenses grounds in a January 2012 filing (case 12CA5) and sought to amend in 12CA22 after an amended journal entry on February 21, 2012.
The Fifth District ultimately held that the allied-offenses argument was barred by res judicata because it could have been raised on direct appeal from the May 17, 2011 sentencing entry.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consecutive sentences lacked required allied-offense findings	Jones contends offenses were allied and should merge.	Jones argues the court failed to determine if offenses were allied and similar in import arising from the same animus.	Issue barred; res judicata applies; affirm.

State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata bars raises defenses not raised at trial or on appeal)
State v. Barfield, 2007-Ohio-1037 (Ohio 2007) (res judicata applies even without direct appeal)