State v. Cooper
2012 Ohio 555
Ohio Ct. App.2012Background
- Cooper pled guilty in two cases: B-1001973-B for aggravated robbery, kidnapping, and related firearm specs; B-1002258 for aggravated robbery with firearm spec, in connection with two separate armed robberies at Fifth Third Bank and Cincinnati Credit Union.
- The court joined the cases for sentencing, imposing consecutive terms for aggravated robbery, kidnapping, and firearm specs, totaling 18 years.
- The same conduct supported both the aggravated robbery and kidnapping convictions in B-1001973-B; the kidnapping was brief and incidental to robbery.
- Post-sentencing, the court did not orally inform Cooper of postrelease-control obligations as required by R.C. 2929.191 and related statutes.
- The court vacated the challenged sentences and remanded for resentencing on one of the allied-offense counts and for proper postrelease-control notice in accordance with statutory requirements.
- The court affirmed all other aspects of the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are aggravated robbery and kidnapping allied offenses of similar import? | Cooper argues mergers were required under R.C. 2941.25. | State contends separate animus existed for kidnapping. | Yes; they are allied offenses and sentencing for both violated merger rules. |
| Was Cooper properly notified of postrelease control at sentencing? | Court adequately notified; error not raised. | Failure to notify violates statutory duty. | Violation; postrelease-control notices must be given, so remand for proper notice. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 107 (Ohio Supreme Court-2010) (redefines allied-offense analysis focusing on conduct and animus)
- State v. Logan, 60 Ohio St.2d 126 (Ohio Supreme Court-1979) (guides separate-animus analysis for kidnapping and another offense)
- State v. Moss, 69 Ohio St.2d 515 (Ohio Supreme Court-1982) (framework for merger under R.C. 2941.25 when offenses share conduct)
- State v. Rance, 85 Ohio St.3d 632 (Ohio Supreme Court-1999) (overruled prior Rance approach; focus on conduct to determine allied offenses)
- State v. Whitfield, 124 Ohio St.3d 2010-Ohio-2 (Ohio Supreme Court-2010) (requires proper postrelease-control notice on resentencing)