State v. Rognon, 2021 Ohio 4564

Cameron Rognon was indicted on multiple counts; he pleaded guilty to Count Five (gross sexual imposition, R.C. 2907.05(A)(4)) and Count Ten (gross sexual imposition, R.C. 2907.05(A)(5)).
Trial court accepted the pleas and sentenced Rognon to 60 months on Count Five and 12 months on Count Ten, to be served consecutively.
Rognon appealed; this court affirmed the convictions and sentences on direct appeal.
Rognon later filed a "Motion to Vacate Void Sentence," arguing the trial court improperly imposed a "mandatory" sentence contrary to statute and that his sentence was therefore void.
The trial court treated the filing as a petition for postconviction relief, found it untimely and barred by res judicata, and denied relief; Rognon appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by recasting Rognon's "Motion to Vacate Void Sentence" as a petition for postconviction relief	The court correctly recast the filing under applicable precedent and assessed it as postconviction relief	Rognon: his sentence is void, so the filing is not a postconviction petition and is not subject to timeliness/res judicata limits	Court: No error — courts may recast motions (Schlee/Reynolds); Rognon's claim fits postconviction criteria and was properly treated as such
Whether Rognon's sentence was "mandatory" and therefore void or otherwise invalid	State: sentencing comment was nonjurisdictional error; journal entry controls and does not call any portion mandatory; claim could have been raised on direct appeal and is barred by res judicata	Rognon: trial court pronounced a mandatory sentence contrary to R.C. 2907.05(C)(2), making the sentence void	Court: Sentence not void (Henderson); sentencing errors nonjurisdictional (Davis); journal entry controls (Miller); claim barred by res judicata and without merit

State v. Henderson, 161 Ohio St.3d 285 (2020) (voidness requires lack of subject-matter or personal jurisdiction)
State ex rel. Davis v. Turner, 164 Ohio St.3d 395 (2021) (sentencing errors are not jurisdictional)
State v. Schlee, 117 Ohio St.3d 153 (2008) (courts may recast irregular filings to identify appropriate procedural vehicle)
State v. Reynolds, 79 Ohio St.3d 158 (1997) (factors supporting recasting a motion as a postconviction petition)
State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars claims raised or that could have been raised on direct appeal)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard defined)
State v. Saxon, 109 Ohio St.3d 176 (2006) (finality and judicial economy supports res judicata)
State v. Miller, 127 Ohio St.3d 407 (2010) (a court speaks through its journal entries)
State v. Parker, 157 Ohio St.3d 460 (2019) (filings styled "motion to vacate" may properly be treated as petitions for postconviction relief)