State v. Segines
2013 Ohio 5259
Ohio Ct. App.2013Background
- Segines was indicted in 2006 with co-defendants on two counts of aggravated murder and two counts of aggravated robbery for the shooting death of Ali Th Abu Atiq.
- In 2007, a jury found Segines guilty of murder (the lesser offense), both aggravated robberies, and firearm specifications; he was sentenced to 15 years-to-life plus 3 years for the weapon, and a consecutive 10 years for aggravated robbery.
- His conviction was affirmed on direct appeal; he later reopened the appeal multiple times (Segines II and III) and the matter was again affirmed.
- In 2013, Segines, pro se, moved to correct a facially illegal sentence arguing failure to merge convictions and citing Johnson, asserting a jurisdictional defect.
- The trial court denied the motion; the appellate court held that allied-offense issues are nonjurisdictional and barred by res judicata, and merged analysis did not require reversal given the record and controlling law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not merging allied offenses for sentencing | Segines argued failure to merge violated due process and double jeopardy | Segines contends offenses were allied and should have merged | No merit; res judicata and nonmerger under law |
| Whether the sentence is facially illegal and subject to correction | Sentence was illegal for not merging convictions | No timely basis to correct under current standards | Merits of correction denied; defense barred by res judicata |
| Whether Johnson (conduct-based allied-offense test) applies retroactively to Segines’ final judgment | Johnson should apply to merge analysis | Johnson not retroactive to final judgments | Johnson not retroactive; cannot affect final judgment |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (conduct-based allied-offense analysis; not retroactive to final judgments)
- State v. Allbaugh, 4th Dist. Athens No. 12CA23 (2013-Ohio-2031) (limitations on applying Johnson retroactively; pending cases only)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata principle for precluding new claims)
- State v. Saxon, 109 Ohio St.3d 176 (2006-Ohio-1245) (issues that could have been raised on direct appeal are res judicata)
- State v. Ayala, 10th Dist. Franklin Nos. 12AP-1071 and 12AP-1072 (2013-Ohio-1875) (res judicata application to allied-offense claims)