State v. Osley, 2017 Ohio 8673

In 2011 Luis Osley pleaded guilty (Alford plea) to involuntary manslaughter (with a firearm specification) and aggravated robbery; trial court imposed consecutive terms totaling 23 years.
Osley appealed, arguing the two counts were allied offenses of similar import; the Sixth District affirmed, finding separate animus for each offense, and the Ohio Supreme Court declined jurisdiction.
In April 2017 Osley filed a motion titled “motion to vacate void sentences for allied offenses of similar import,” arguing his consecutive sentences were void because the offenses were allied.
The Lucas County Common Pleas Court construed the filing as a petition for postconviction relief under R.C. 2953.21 and denied it as untimely and barred by res judicata.
Osley timely appealed the trial court’s denial to the Sixth District Court of Appeals.

Issue	Plaintiff's Argument (Osley)	Defendant's Argument (State)	Held
Whether manslaughter and aggravated robbery are allied offenses of similar import	The offenses were allied; convictions/sentences are void and must be vacated	The offenses were committed with separate animus (not allied) and the prior appellate ruling is correct	Court held offenses are not subject to relief here; prior appellate determination stands
Whether the postconviction motion could proceed despite timing/res judicata	Relief is required regardless of timing because sentences are void	The petition is untimely under R.C. 2953.21 and barred by res judicata because issue was raised on direct appeal	Court held the petition was untimely and barred by res judicata; denial affirmed

North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (approving entry of guilty plea while maintaining claim of innocence)
State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata bars raising issues on collateral attack that could have been raised on direct appeal)