State v. Wilson, 129 Ohio St. 3d 214

Wilson was tried on three counts: aggravated robbery, felonious assault, and kidnapping, arising from a group robbery and beating.
Trial court sentenced Wilson to 10, 8, and 7 years respectively, consecutive for a total of 25 years.
On appeal, Wilson argued allied-offenses merger; court of appeals found kidnapping and felonious assault allied, kidnapping and aggravated robbery allied, but felonious assault and aggravated robbery not allied.
The appellate court vacated all three sentences and remanded for a new sentencing hearing with the state to elect which allied offense to pursue.
The state sought discretionary review; the Supreme Court held a new sentencing hearing is required after the state’s selection, not mere acceptance of the election.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Scope of remand after allied-offenses error	Whitfield permits state election on remand; no de novo hearing required.	Remand limited to accepting the state's election among allied offenses.	New sentencing hearing required after state selects; merge offenses for sentencing.
Effect of res judicata on resentencing objections	Res judicata bars nothing relevant to resentencing.	Res judicata precludes raising issues not raised originally.	Res judicata does not bar objections arising at resentencing.
Raising proportionality and bias concerns at resentencing	Proportionality and bias issues may be raised during resentencing.	These issues were waived or moot on remand.	Proportionality and judicial-bias challenges may be raised at resentencing.

State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (remand for allied-offenses error requires state election and new sentencing hearing)
State v. Saxon, 109 Ohio St.3d 176 (2006-Ohio-1245) (no federal sentencing-package doctrine; remand for resentencing under allied-offenses error)
State v. Perry, 10 Ohio St.2d 175 (1967) (doctrine of res judicata in criminal appeals)
State v. Mathis, 109 Ohio St.3d 54 (2006-Ohio-855) (remand considerations; record can be incorporated; deference to first sentencing)
State v. Underwood, 124 Ohio St.3d 365 (2010-Ohio-1) (allied-offenses sentencing; res judicata considerations)
State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (scope of appeal from resentencing; new sentencing hearing context)