2018 Ohio 688
Ohio Ct. App.2018Background
- In 1995 Donald Ray Williams was convicted of murder with a firearm specification and two counts of weapon while under disability with firearm/violence specifications; the court imposed consecutive three-year firearm terms and a 15-to-life murder term.
- Williams’s convictions were affirmed on direct appeal in 1996; subsequent collateral challenges were denied.
- In March 2017 Williams filed a "motion to vacate void judgment" alleging the sentencing journal entry failed to comply with Crim.R. 32(B), the court improperly imposed consecutive three-year firearm specifications in violation of former R.C. 2929.71(B), and he was sentenced on allied offenses in violation of R.C. 2941.25.
- The trial court treated the filing as an untimely petition for postconviction relief under R.C. 2953.21, denied it as untimely and barred by res judicata, and Williams appealed.
- The Eighth District rejected Williams’s Crim.R. 32(B) challenge as unspecified and unsupported, and held the statutory challenges (2929.71(B) and allied-offense claims) would render sentences at most voidable — therefore they were barred by res judicata and postconviction timeliness rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing journal entry failed to comply with Crim.R. 32(B) | N/A (state argued entry complied) | Williams contended the journal entry did not conform to Crim.R. 32(B) | Court found Williams failed to identify any deficiency and entry conforms to Crim.R. 32(B); claim overruled |
| Whether parts of the sentence were void for imposing consecutive firearm specifications or for sentencing on allied offenses | State maintained these claims are collateral and subject to timeliness/res judicata | Williams argued former R.C. 2929.71(B) and R.C. 2941.25 violations make the sentence void and may be raised anytime | Court held violations of former R.C. 2929.71(B) and failure to find allied offenses render sentences voidable, not void; claims are subject to res judicata and postconviction time limits and thus barred |
Key Cases Cited
- State v. Williams, 148 Ohio St.3d 403, 71 N.E.3d 234 (Ohio 2016) (voidness doctrine: true void sentences may be challenged anytime; statutory sentencing errors can be voidable and barred by res judicata)