2011 Ohio 4624
Ohio Ct. App.2011Background
- Appellant William H. Blackburn was convicted by a jury in Pickaway County of burglary (R.C. 2911.12(A)(2)), failure to comply with a police officer (R.C. 2921.331(B)), theft (R.C. 2913.02(A)(1)), and receiving stolen property (R.C. 2913.51(A)).
- The trial court merged the theft and receiving stolen property convictions but did not merge burglary with them.
- The State’s evidence showed Blackburn in a small red car with a stolen TV inside the vehicle from the Ridenour residence burglary.
- Blackburn maintained he did not commit the burglary—the State alleged a single course of conduct encompassing burglary, theft, and receiving stolen property.
- The appellate court sustained Blackburn’s assignment of error, reversed the judgment, and remanded for sentencing with guidance that the State may elect which allied offense to pursue on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether burglary, theft, and receiving stolen property are allied offenses of similar import. | State concedes they are allied offenses. | Blackburn argues they are allied offenses and must merge. | Yes; they are allied offenses and must merge. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (determine same conduct and single act/state of mind for merge under R.C. 2941.25)
- State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (remand with right to elect which allied offense to pursue; merger guidance)