State v. Smith, 2020 Ohio 1026

In 2013 Smith was indicted on multiple felonies including aggravated murder, burglary, murder, kidnapping, and weapons under disability; most counts carried firearm specifications.
Smith pleaded guilty to one count of involuntary manslaughter (with a three-year firearm specification) and one count of aggravated burglary; remaining counts were nolled.
The plea included an agreed sentencing range of 13–20 years and the parties expressly agreed the two convictions were not allied offenses.
The court sentenced Smith to 11 years for involuntary manslaughter consecutive to a 3-year firearm term, plus 6 years on aggravated burglary, for an aggregate 20-year term; Smith did not appeal.
In March 2019 Smith filed a pro se postconviction motion seeking merger of the two counts; the trial court denied the motion and Smith appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether involuntary manslaughter and aggravated burglary were allied offenses requiring merger	Sentence is valid and not void; challenge is barred by res judicata	Convictions arose from same conduct and should have merged for sentencing	Overruled — sentence not void; parties agreed offenses were not allied; challenge barred by res judicata (must have been raised on direct appeal)
Whether consecutive sentences are invalid for lack of R.C. 2929.14(C) findings	Consecutive-sentence claim was not raised below and is barred by waiver/res judicata	Trial court failed to make statutorily required consecutive-sentence findings, rendering sentence contrary to law	Overruled — issue was not raised in trial court and is barred by res judicata/waiver; court declined to reach merits

State v. Williams, 71 N.E.3d 234 (Ohio 2016) (holding failure to find offenses allied, even if erroneous, does not render sentence void; such errors must be raised on direct appeal)
State v. Fischer, 942 N.E.2d 332 (Ohio 2010) (void sentences may be reviewed at any time)
State v. Holdcroft, 1 N.E.3d 382 (Ohio 2013) (distinguishing when merged sentences are mandatory versus discretionary)
State v. Perry, 226 N.E.2d 104 (Ohio 1967) (res judicata bars claims that were or could have been raised on direct appeal)