State v. Bryant
2013 Ohio 5105
Ohio Ct. App.2013Background
- Bryant pleaded guilty to aggravated burglary and rape after an extensive indictment in Franklin County, Ohio.
- The plea occurred on August 14-16, 2012, with sentencing of 10 years for aggravated burglary and 11 years for rape, to be served consecutively.
- Appellant challenged the conviction with three errors: merger of rape and aggravated burglary, improper consecutive-sentence findings, and plea validity including ineffective assistance.
- Prosecutor's plea facts described a December 5, 2011 incident at 3685 Cleveland Avenue involving a knife, forced sexual acts, and threats.
- The court acknowledged Johnson v. Ohio, which requires conduct-based analysis for allied offenses, and remanded to determine whether the two offenses were committed by the same conduct; the record was insufficient on this point.
- Findings under R.C. 2929.14(C)(4) for consecutive sentences were not made on the record; the court remanded on merger, making the sentencing findings issue moot for now.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether rape and aggravated burglary are allied offenses requiring merger | State argues merger under Johnson applies | Bryant argues offenses are separate with distinct animus | Remanded to determine merger after Johnson analysis |
| Whether consecutive sentences were properly imposed under R.C. 2929.14(C)(4) | State contends statutory findings are required | Bryant contends improper findings | Findings not made on record; remand for proper sentencing if merger does not occur |
| Whether post-sentence withdrawal of guilty plea was properly denied; plea validity | State asserts no manifest injustice | Bryant claims plea was not knowingly voluntary due to counsel issues | Post-sentence withdrawal affirmed as to not demonstrate manifest injustice; however, remand on merger moot this issue for now |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (requires conduct-based analysis for allied-offense merger)
- State v. Damron, 2012-Ohio-5977 (10th Dist. 2012) (applies Johnson two-part test for allied offenses)
- State v. Rivera, 2012-Ohio-1915 (10th Dist. 2012) (applies Johnson conduct inquiry to merger analysis)
- State v. Nguyen, 2013-Ohio-3170 (4th Dist. 2013) (holds rape and aggravated burglary may share same conduct but may still be non-merging with separate animus)
- State v. Ozevin, 2013-Ohio-1386 (12th Dist. 2013) (cites that aggravated burglary remains incomplete until related physical-harm element occurs)