State v. Price
2017 Ohio 7496
| Ohio Ct. App. | 2017Background
- In 2012 Joshua L. Price and his brothers were indicted on multiple counts from armed robberies, including robbery, aggravated robbery, and kidnapping, with numerous firearm specifications under R.C. 2941.145.
- Price pleaded guilty to one count of attempted aggravated burglary, eight counts of aggravated robbery, and most attendant firearm specifications; remaining counts were dismissed.
- The trial court imposed an aggregate prison term of 22 years, including 12 years attributable to firearm specifications.
- This court previously affirmed Price’s sentence in a direct appeal (Price 1), rejecting his challenge to multiple firearm-specification sentences.
- In March 2017 Price filed a motion to vacate sentence arguing (1) the trial court failed to make required R.C. 2929.14(C) consecutive-sentence findings and (2) the court failed to properly impose mandatory firearm specification terms; the trial court summarily denied the motion.
- Price appealed the denial; the appellate court affirmed, holding his arguments are barred by res judicata and would not render the judgment void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court failed to make required R.C. 2929.14(C) findings to impose consecutive sentences | State contends the sentence is valid | Price argues consecutive findings were not made, so sentence is unauthorized | Affirmed: barred by res judicata; failure to make findings would not render judgment void |
| Whether mandatory firearm-specification terms were properly imposed under R.C. 2941.145 / 2929.14(B)(1) | State maintains sentencing complied with law | Price contends mandatory firearm terms were not properly imposed or required additional findings | Affirmed: prior appeal already addressed firearm-specification sentencing; alternate arguments are barred by res judicata and would not void the judgment |
Key Cases Cited
- Perry v. State, 10 Ohio St.2d 175 (establishes Ohio res judicata rule barring claims that were or could have been raised on direct appeal)
- State v. Simpkins, 117 Ohio St.3d 420 (void-judgment exception to res judicata when judgment is legally void)