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State v. Hipsher
Citation: 2016 Ohio 5877Docket: 6-16-01
Court: Ohio Court of Appeals; September 19, 2016; Ohio; State Appellate Court
Original Court Document: View Document
Craig W. Hipsher appealed the judgment of the Hardin County Common Pleas Court, which denied his motion to vacate his sentence on the grounds that his burglary and grand theft convictions were allied offenses of similar import. Hipsher was indicted on 29 counts, pleaded guilty to specific counts, and was sentenced to nine years in prison on September 10, 2013. He did not appeal this judgment in a timely manner. On November 6, 2014, he sought to withdraw his guilty plea, claiming the offenses were allied, but the trial court denied this motion, stating the crimes occurred at different times. Hipsher's subsequent appeal of that decision was dismissed for being untimely. On December 21, 2015, Hipsher filed a motion to vacate his sentence, again asserting the theft charges were allied offenses. The trial court denied this motion, and Hipsher appealed. He argued that the court erred by not merging the theft charges, leading to a void sentence. However, the Ohio Supreme Court has determined that merger issues are not jurisdictional and can be waived. Since Hipsher did not raise the allied offense issue on direct appeal, the court found it barred by the doctrine of res judicata. The appellate court affirmed the trial court's judgment, concluding that there were no prejudicial errors present.