State v. Smith, 2017 Ohio 4327

In 2005 Ronald A. Smith was convicted of aggravated robbery and aggravated burglary; the trial court imposed two consecutive 10-year prison terms.
Facts: Smith (identified as “Little Ronnie”) and others forced entry into Robinson’s apartment; a gun was used; property was taken; Robinson and a neighbor later identified Smith in photo displays; Smith made post-arrest admissions and attempted to influence the victim.
Smith has repeatedly sought post-conviction relief (over a dozen motions). In July 2016 he filed a pro se motion claiming the two convictions were allied offenses of similar import under R.C. 2941.25(A), asserting the sentences were void and challengeable at any time.
The trial court construed the 2016 filing as an untimely petition for post-conviction relief (R.C. 2953.21) and also held the allied-offense claim was barred by res judicata because the argument was based on the record and could have been raised on direct appeal.
The court of appeals affirmed: it held Smith failed to show the trial court had found the offenses were allied and therefore did not demonstrate a void sentence; accordingly res judicata and untimeliness principles barred relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Smith’s sentencing is "void" (so not subject to res judicata or post-conviction time limits) because the trial court allegedly found offenses were allied but still imposed separate sentences	The State: Smith’s motion is an untimely post-conviction petition and barred by res judicata because the allied-offense claim relies on the existing record and could have been raised earlier	Smith: A void sentence may be challenged anytime; here the trial court allegedly found offenses were allied and thus imposing separate sentences made them void	Court: Smith did not point to any record showing the trial court found the offenses were allied; absent such a finding the sentences are not void under Williams; res judicata and untimeliness bar his motion

State v. Williams, 148 Ohio St.3d 403, 2016-Ohio-7658, 71 N.E.3d 234 (Ohio 2016) (a sentence is void and not subject to res judicata only where the trial court expressly finds offenses are allied and then nevertheless imposes separate sentences)