State v. Burns, 2013 Ohio 4784

Burns was indicted in Sept. 2011 on 13 counts with several firearm specifications; a supplemental indictment added three weapon-under-disability counts.
After motions to sever, a bench trial proceeded on counts 1–7 and 14, with counts severed/dismissed as trial progressed; most counts related to an August 17, 2011 incident.
The trial court found Burns guilty on all counts except count 8; after trial, the remaining severed counts and supplements were dismissed; Burns received a 15-year aggregate sentence.
The trial court ordered costs of prosecution as punishment for counts 5–7, effectively imposing an illegal sentence on those counts; costs cannot constitute punishment.
Counts 1 (aggravated robbery) and 2 (kidnapping) were merged for purposes of sentencing, but Burns was sentenced on both and their firearm specifications; issues of merger/potential mis-sentencing to be corrected on remand.
Burns, pro se, appealed raising three assignments of error; the appellate court affirmed in part, reversed in part, and remanded for resentencing and proper merger.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for aggravated robbery and kidnapping	Burns claims no evidence showed display of a gun in those crimes.	State argues there was sufficient evidence that a gun was displayed, satisfying the firearm specifications.	Sufficient evidence supported convictions and firearm specifications.
Ineffective assistance for admissibility of Burns' prior criminal history	Counsel should have objected to admission of prior convictions as inadmissible or irrelevant.	Criminal-history evidence was relevant to weapons-under-disability; impeachment under Evid.R. 609 allowed, and counsel did object/cross-examine effectively.	No ineffective assistance; admissibility and defense strategies supported by record.
Plain error in admitting prior criminal history evidence	Admission of prior convictions was improper and prejudicial.	Evidence was properly admitted; any error was not plain or outcome-determinative.	No plain error; admission did not affect substantial rights or trial outcome.

State v. Jenks, 61 Ohio St.3d 259 (1991) (establishes standard for sufficiency review: after viewing evidence in light most favorable to state)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (beyond a reasonable doubt standard for criminal convictions; sufficiency guidance)
State v. Bays, 87 Ohio St.3d 15 (1999) (evidence presumed relevant; limitations on exclusionary impact of prior acts)
State v. Joseph, 125 Ohio St.3d 76 (2010) (distinguishes costs from punishment; costs are civil-like, not part of sentence)
State v. Lester, 130 Ohio St.3d 303 (2011) (final-judgment criteria; sentencing and journal-entry requirements)
State v. Vonderberg, 61 Ohio St.2d 285 (1980) (gun may be a deadly weapon for aggravated robbery even if unloaded)