State v. Cooper
2019 Ohio 2813
Ohio Ct. App.2019Background
- On May 6, 2017, Jeffrey Cooper assaulted Hamilton County Deputy Michael Schneider in a Days Inn lobby, placing the deputy in a chokehold until tasered; Schneider lost consciousness multiple times and suffered a pseudoaneurysm to his carotid artery and other injuries.
- Grand jury indicted Cooper for attempted murder, two counts of felonious assault (R.C. 2903.11(A)(1) alleging serious physical harm; R.C. 2903.11(A)(2) alleging use of a deadly weapon — his hands/training), and aggravated robbery.
- At a bench trial, Cooper testified he suffered from PTSD, had military training, and claimed he restrained the deputy believing the deputy reached for his weapon; deputies testified to the chokehold and tasing.
- Trial court acquitted Cooper of attempted murder and aggravated robbery, found him guilty of felonious assault, and at sentencing merged the two felonious-assault counts but proceeded to sentence on the count alleging serious physical harm (count two).
- Sentenced to 11 years imprisonment; the written sentencing entry erroneously reflected convictions and concurrent 11-year sentences on both felonious-assault counts, a clerical error the court ordered corrected by nunc pro tunc entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether allied-offense merger required separate sentences | State proceeded correctly; one sentence appropriate | Cooper argued the two felonious-assault counts were allied and should merge | Court: counts were merged at sentencing; only one conviction sentenced; remand to correct clerical error in entry |
| Whether the sentence (11 yrs) is unsupported or contrary to law | Sentence within statutory range and presumed to consider R.C. 2929.11/2929.12 | Cooper argued trial court failed to consider sentencing principles and erred by imposing maximum | Court: sentence lawful, within range, and not shown to ignore sentencing statutes; assignment overruled |
| Sufficiency/weight of evidence for felonious assault (deadly weapon allegation) | State relied on facts alleging hands/training as deadly weapon | Cooper argued evidence insufficient to treat hands as deadly weapon | Court: count charging deadly-weapon use was merged and no conviction entered, so challenge is moot |
| Ineffective assistance of counsel (failure to move for acquittal; no psychologist testimony) | State: counsel’s choices were reasonable trial strategy; no prejudice shown | Cooper claimed counsel should have moved under Crim.R. 29 and called psychologist at sentencing | Court: no prejudice from failure to move on merged count; presentation of mitigation was strategic and speculative; Strickland standard not met |
Key Cases Cited
- Marcum v. State, 59 N.E.3d 1231 (Ohio 2016) (standard for appellate review of felony sentences and when modification is permitted)
- State v. White, 997 N.E.2d 629 (Ohio 2013) (appellate-limited review under R.C. 2953.08 and presumption that trial court considered sentencing statutes)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- State v. Bradley, 538 N.E.2d 373 (Ohio 1989) (applying Strickland in Ohio; counsel deficientness and prejudice analysis)