State v. Straley

{¶ 1} Defendant-appellant, Gregory S. Straley, appeals from the judgment of the Highland County Court of Common Pleas denying his post-sentence motion to withdraw his guilty plea. Because the trial court abused its discretion by denying the motion based on res judicata when it imposed a void sentence that improperly consisted of a non-mandatory prison term, we reverse the judgment and remand for further proceedings.

I. Facts and Procedural Posture

{¶ 2} In September 2008, the Highland County Grand Jury returned an indictment charging Straley with 14 counts, including five counts of sexual…