State v. Lee, 2013 Ohio 1811

Lee was convicted in 2005 by guilty pleas to aggravated vehicular homicide, vehicular assault, failing to stop after an accident, and failing to comply with an order or signal of a police officer, with convictions affirmed in 2006.
In March 2012, Lee filed a Motion to Set Aside Sentence Pursuant to R.C. 2941.25 arguing the offenses are allied and could not be separately sentenced.
The trial court denied the motion without an evidentiary hearing and Lee appealed challenging the allied-offenses ruling and other aspects.
The court held it lacked jurisdiction to entertain the allied-offenses claim as a postconviction matter and thus denied relief on that ground.
The court nonetheless found the postrelease-control notifications deficient, rendering portions of the sentence void and remanding for resentencing to correct those portions.
The appellate court affirmed the judgment as modified and remanded for proper postrelease-control imposition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to hear allied-offenses claim	Lee contends the postconviction motion could address allied-offenses issues.	State argues postconviction statutes do not authorize review of allied-offenses absent proper timely petition.	Court held no jurisdiction to entertain the allied-offenses claim; denial affirmed.
Postrelease-control notification adequacy	Lee asserts postrelease-control notification was properly included and enforceable.	State contends the judgment failed to properly notify regarding postrelease control.	Sentences are void to the extent postrelease-control notification was inadequate; remand for correction.
Effect of timeliness and postconviction standards	Lee maintained the postconviction motion was a valid collateral challenge.	State asserts untimely, non-jurisdictional defects bar relief under R.C. 2953.21 et seq.	Postconviction statutes did not confer jurisdiction; no evidentiary hearing required for this motion.

State v. Fischer, 128 Ohio St.3d 92 (2010) (void sentence for inadequate postrelease-control notification may be reviewed.)
State v. Harris, 132 Ohio St.3d 318 (2012) (statutory postrelease-control requirements, including license suspension, may render a sentence void.)
State v. Moore, Ohio St.3d (2012-Ohio-5479) (statutory authority required for penalties; void if not provided.)
State v. Jordan, 104 Ohio St.3d 21 (2004) (adequate postrelease-control notification required at sentencing.)
State v. Beasley, 14 Ohio St.3d 74 (1984) (void sentences for lack of statutorily mandated terms.)
State v. Colgrove, 175 Ohio St. 437 (1964) (void sentences when not authorized by statute; foundational void-sentence doctrine.)
State v. Johnson, 128 Ohio St.3d 153 (2010) (allied-offenses analysis and authority under R.C. 2941.25.)