State v. Brown
2013 Ohio 854
Ohio Ct. App.2013Background
- Brown was convicted in Allen County for grand theft of a firearm and having weapons while under disability; he challenges consecutive sentencing to each other and to a Putnam County sentence.
- A Putnam County burglary (2011) involved a stolen Remington 870; the firearm later found at Brown’s Allen County residence matched the burglary.
- Putnam County indictment charged Brown with burglary; he pled guilty and received a two-year sentence.
- In Allen County, Brown admitted taking Crichfield’s shotgun and selling it; the recovered Crichfield shotgun originated from a different burglary.
- Indictment in Allen County (Dec. 15, 2011) charged Counts 1–4 (grand theft of firearm, receiving stolen property, having weapons under disability, having weapons under disability); Brown pled guilty to Counts 1 and 4; Counts 2–3 were dismissed.
- Sentencing (July 12, 2012): Count 1 18 months, Count 4 12 months; court ordered consecutive sentences to each other and to the Putnam County sentence; merger was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentences violate double jeopardy due to allied offenses | Brown argues Counts 1 and 4 are allied with the Putnam burglary | Brown contends the offenses are allied and must merge | Not allied; no merger required; consecutive sentences affirmed |
Key Cases Cited
- State v. Clelland, 83 Ohio App.3d 474 (4th Dist.1992) (analysis of successive prosecutions for allied offenses in multiple jurisdictions)
- State v. Urvan, 4 Ohio App.3d 151 (8th Dist.1982) (preemption and merger considerations for allied offenses in separate jurisdictions)
- State v. DeLong, 70 Ohio App.3d 402 (10th Dist.1990) (allied offenses and merger under R.C. 2941.25 analysis guidance)
- State v. Barnett, 124 Ohio App.3d 746 (2d Dist.1998) (merger principles for allied offenses)
- State v. Ware, 63 Ohio St.2d 84 (1980) (merger prohibition on cumulative punishment for allied offenses)
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (test for allied offenses under R.C. 2941.25A and de novo review on appeal)
- State v. Williams, Ohio St.3d (2012-Ohio-5699) (review of merger determinations is de novo)