[Cite as State v. Bates, 2014-Ohio-3976.]

STATE OF OHIO ) IN THE COURT OF APPEALS 

 )ss: NINTH JUDICIAL DISTRICT 

COUNTY OF MEDINA ) 

STATE OF OHIO 

 Appellee 

 v. 

MARC A. BATES 

 Appellant 

C.A. No. 13CA0080-M 

APPEAL FROM JUDGMENT 

ENTERED IN THE 

COURT OF COMMON PLEAS 

COUNTY OF MEDINA, OHIO 

CASE No. 11-CR-0575 

DECISION AND JOURNAL ENTRY

Dated: September 15, 2014 

 

WHITMORE, Judge. 

{¶1} Appellant, Marc Bates, appeals from the judgment of the Medina County Court of 

Common Pleas. This Court affirms. 

I 

{¶2} In March 2012, Bates was convicted by jury of: (1) burglary, (2) theft of a motor 

vehicle, (3) two counts of breaking and entering, and (4) arson. Subsequently, Bates was found 

guilty by the court of a repeat violent offender specification that was attached to the burglary 

count. The court sentenced Bates to an aggregate term of twelve years in prison, and Bates 

appealed. 

{¶3} In his direct appeal, Bates argued that his convictions for burglary and arson were 

not supported by sufficient evidence and were against the manifest weight of the evidence. State 

v. Bates, 9th Dist. Medina No. 12CA0046-M, 2013-Ohio-3565, ¶ 6. Bates further challenged the 

court’s jury instructions. Id. at ¶ 45-50. While this Court affirmed Bates’ convictions for 
2 

 

burglary and arson, we reversed his conviction of felony arson because the record did not support 

the enhancement from a misdemeanor. Id. at ¶ 36-37, 51. We remanded the case for Bates to be 

resentenced on the arson count as a first degree misdemeanor. Id. at ¶ 51. 

{¶4} On remand, the court held a new sentencing hearing. The court imposed 180 days 

in jail for the misdemeanor arson and reissued the same sentences for the other counts. Bates’ 

total prison term of twelve years remained unchanged. Bates now appeals from his resentencing 

and raises one assignment of error for our review. 

II 

Assignment of Error 

DOES THE FAILURE OF THE TRIAL COURT TO STATE FINDINGS 

EXPLAINING THE IMPOSED SENTENCE FOR A REPEAT VIOLENT 

OFFENDER SPECIFICATION IN A CRIMINAL CASE RENDER THAT 

PART OF THE SENTENCE VOID? 

{¶5} In his sole assignment of error, Bates argues that the court erred in failing to make 

the required statutory findings under R.C. 2929.14(B)(2)(e)1 when imposing his sentence on the 

repeat violent offender specification. Specifically, Bates argues that the court’s failure to make 

the required findings at his original sentencing hearing renders that part of his sentence void.2

 

We disagree.

{¶6} “A sentence may be void or voidable.” State v. Horton, 9th Dist. Lorain No. 

12CA010271, 2013-Ohio-848, ¶ 9. Generally, “[a] void sentence is one that a court imposes 

 

1

 R.C. 2929.14(B)(2)(e) states that “[w]hen imposing a sentence pursuant to division (B)(2)(a) or 

(b) of this section, the court shall state its findings explaining the imposed sentence.”

2

 Bates does not argue that the scope of our prior remand was broader than resentencing Bates 

on the arson count. See Bates, 2013-Ohio-3565, ¶ 51. Instead, Bates’ argument is premised 

upon his contention that the original sanction for the repeat violent offender specification was 

void because the trial court did not make the requisite findings under R.C. 2929.14(B)(2)(e). 

Based upon that premise, upon remand, he maintains that the trial court had authority to revisit 

the repeat violent offender penalty enhancement related to the burglary. 
3 

 

despite lacking subject-matter jurisdiction or the authority to act.” State v. Payne, 114 Ohio 

St.3d 502, 2007-Ohio-4642, ¶ 27. Generally, sentencing errors are not jurisdictional and do not 

render a judgment void. See State v. Simpkins, 117 Ohio St.3d 420, 2008-Ohio-1197, ¶ 13. The 

Ohio Supreme Court has declined to find sentences void based on the court’s failure to comply 

with certain sentencing statutes. See State v. Holdcroft, 137 Ohio St.3d 526, 2013-Ohio-5014, ¶ 

8. (challenges to a trial court’s: (1) compliance with the purposes and principles of sentencing, 

(2) determination of allied offenses, and (3) consecutive sentencing must be brought on direct 

appeal). However, when a judge fails to impose a statutorily mandated sentence, the Ohio 

Supreme Court has held that that portion of the sentence is void. See id. at ¶ 7-8 (sentence void 

when court fails to include mandated post-release control, mandatory driver’s license suspension, 

or mandatory fines). A void judgment is a nullity and may be reviewed at any time. Lingo v. 

State, 138 Ohio St.3d 427, 2014-Ohio-1052, ¶ 46.

{¶7} “Unlike a void judgment, a voidable judgment is one rendered by a court that has 

both jurisdiction and authority to act, but the court’s judgment is invalid, irregular, or erroneous.” 

State v. Holcomb, 184 Ohio App.3d 577, 2009-Ohio-3187, ¶ 13 (9th Dist.), quoting Simpkins at ¶ 

12. “A voidable sentence may only be set aside if successfully challenged on direct appeal.” 

State v. Jones, 9th Dist. Summit No. 26854, 2013-Ohio-3710, ¶ 6, quoting Horton at ¶ 10. 

{¶8} Here, Bates challenges the trial court’s compliance with R.C. 2929.14(B)(2)(e) 

which requires the court to “state its findings explaining the imposed sentence” at sentencing. 

We conclude that a court’s failure to comply with R.C. 2929.14(B)(2)(e) is akin to a court’s 

failure to comply with R.C. 2929.14(C)(4) (consecutive sentencing), R.C. 2929.11 and R.C. 

2929.12 (purposes and principles of sentencing), and 2941.25 (allied offenses). The Ohio 

Supreme Court has declined to find that these errors constitute void sanctions. See Holdcroft at ¶ 
4 

 

8 (“The Fischer rule applies only in a limited class of cases—all three cases to which we have 

applied the Fischer rule have in common the crucial feature of a void sanction.”).

{¶9} Because Bates’ judgment is not void, his assignment of error is barred by res 

judicata. “The doctrine of res judicata prevents repeated attacks on a final judgment and applies 

to all issues that were or might have been previously litigated.” (Internal quotations and citation 

omitted.) State v. Lowe, 9th Dist. Summit No. 27199, 2014-Ohio-1817, ¶ 6. Because Bates 

could have challenged the trial court’s compliance with R.C. 2929.14(B)(2)(e) in his direct 

appeal, it is now barred by res judicata.3 

{¶10} Bates’ sole assignment of error is barred by res judicata, and therefore, is 

overruled.

III 

{¶11} Bates’ sole assignment of error is overruled. The judgment of the Medina County 

Court of Common Pleas is affirmed. 

Judgment affirmed. 

 There were reasonable grounds for this appeal. 

 We order that a special mandate issue out of this Court, directing the Court of Common 

Pleas, County of Medina, State of Ohio, to carry this judgment into execution. A certified copy 

of this journal entry shall constitute the mandate, pursuant to App.R. 27. 

 

3

 Pursuant to App.R. 26(B), Bates may be able to raise his assignment of error through an 

application to reopen his direct appeal based on ineffective assistance of appellate counsel. 
5 

 

 Immediately upon the filing hereof, this document shall constitute the journal entry of 

judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the 

period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is 

instructed to mail a notice of entry of this judgment to the parties and to make a notation of the 

mailing in the docket, pursuant to App.R. 30. 

 Costs taxed to Appellant. 

 

 BETH WHITMORE 

 FOR THE COURT 

BELFANCE, P. J. 

MOORE, J. 

CONCUR.

APPEARANCES:

KELLY A. ONEST, Attorney at Law, for Appellant. 

DEAN HOLMAN, Prosecuting Attorney, and MATTHEW A. KERN, Assistant Prosecuting 

Attorney, for Appellee.