State v. Robey, 2021 Ohio 3884

In 2012 Robey was indicted on multiple counts; he pled guilty pursuant to a plea that dismissed some counts and merged one for sentencing.
The trial court imposed a joint-recommended sentence including a split term: a 36-month prison term on Count IV (abduction) suspended and converted to five years of community control to begin after other prison terms.
Robey did not appeal the 2013 conviction/sentence; he completed the prison portion in 2017 and began community control.
Multiple probation violations led to revocation proceedings; Robey admitted violations in January 2021 and a revocation sentencing occurred February 16, 2021.
At revocation the court imposed the unserved 36-month term from Count IV; Robey argued the court lacked authority because the original community-control sentence was unlawful under State v. Hitchcock.
The court concluded Hitchcock error rendered the original sentence voidable (not void) under State v. Harper and State v. Henderson, and held Robey’s challenge was barred by res judicata because it should have been raised on direct appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had authority to revoke community control and impose prison time where the original sentence imposed community control consecutive to prison (allegedly prohibited by Hitchcock)	State: the sentencing error is voidable, not void; Robey failed to raise it on direct appeal, so res judicata bars relief	Robey: original sentence violated Hitchcock (no statutory authority for a community-control term to run consecutive to prison), so the court lacked authority to revoke and impose the prison term	Court affirmed: error was voidable under Harper/Henderson; because Robey did not raise it on direct appeal, res judicata bars the claim and revocation/sentence stands

State v. Hitchcock, 134 N.E.3d 164 (Ohio 2019) (held trial court lacked statutory authority to impose community control consecutive to prison)
State v. Harper, 159 N.E.3d 248 (Ohio 2020) (revised void vs. voidable analysis; errors in exercise of jurisdiction render sentences voidable)
State v. Henderson, 162 N.E.3d 776 (Ohio 2020) (reaffirmed Harper and restored traditional void/voidable framework)
State v. Christy, 172 N.E.3d 162 (Ohio 2021) (appellate application: challenge to consecutive community-control sentence is barred by res judicata when not raised on direct appeal)
State v. Howard, 165 N.E.3d 1088 (Ohio 2020) (held court must make consecutive-sentence findings at community-control revocation)
State v. Rue, 172 N.E.3d 917 (Ohio 2020) (distinguished jurisdiction from authority in narrow revocation-timing context)
State v. Fraley, 821 N.E.2d 995 (Ohio 2004) (observed that a revocation sentencing effectively sentences the offender anew)