State v. Craig
2017 Ohio 4342
| Ohio Ct. App. | 2017Background
- Defendant Frederick J. Craig, Jr. stabbed his ex-wife multiple times during a March 11, 2015 domestic incident; victim suffered serious injuries including near-amputation of a thumb.
- Grand jury indicted Craig on 10 counts including attempted murder, two counts of felonious assault, two counts of aggravated burglary (A)(1) and (A)(2), two counts of aggravated robbery, tampering with evidence, and domestic violence.
- Craig pled guilty to all counts except one attempted murder count; trial court imposed consecutive prison terms totaling 26 years.
- At sentencing the parties disputed which counts were "allied offenses of similar import" under R.C. 2941.25; trial court merged some counts but not others.
- On appeal Craig argued the trial court erred by failing to merge: (1) attempted murder with felonious assault; (2) aggravated burglary (A)(1) with felonious assault/attempted murder; and (3) aggravated burglary (A)(2) with aggravated burglary (A)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attempted murder and felonious assault are allied offenses | State: offenses can be separately punished | Craig: both arose from a single, rapid stabbing sequence producing the same harm and animus, so they must merge | Court: Merger required — convictions are allied; remand for election/resentencing |
| Whether aggravated burglary (A)(1) merges with felonious assault/attempted murder | State: brandishing the knife and menacing completed aggravated burglary before the stabbings; harms differ | Craig: the physical harm from the stabbings is the same harm alleged in the aggravated burglary; should merge | Court: No merger — aggravated burglary (A)(1) is dissimilar in import (fear/ trespass distinct from later physical harm); convictions may stand separately |
| Whether aggravated burglary (A)(2) (deadly weapon on person) merges with aggravated burglary (A)(1) (recklessly inflicted or attempted physical harm) | State: trial court found a second re-entry supporting separate aggravated-burglary counts | Craig: only one identifiable trespass occurred, so the two burglary counts are allied | Court: Merger required — record lacks competent, credible evidence of a second entry; only one trespass; remand for election/resentencing |
| Remedy when allied convictions exist | N/A | N/A | Court: Reverse in part and remand for limited resentencing so State may elect which allied offenses to pursue for sentencing |
Key Cases Cited
- State v. Ruff, 143 Ohio St.3d 114 (Ohio 2015) (articulates three-question allied-offenses test: dissimilar import, separate conduct, separate animus)
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (two-step allied-offenses framework)
- State v. Williams, 124 Ohio St.3d 381 (Ohio 2010) (discusses relationship between attempted murder and felonious assault)
- State v. Whitfield, 124 Ohio St.3d 319 (Ohio 2010) (R.C. 2941.25 requires merger and State election when offenses are allied)
- State v. Cotton, 120 Ohio St.3d 321 (Ohio 2008) (addresses merger of related assault statutes)
- State v. Brown, 119 Ohio St.3d 447 (Ohio 2008) (aggravated-assault subsections may be allied)
- State v. Marriott, 189 Ohio App.3d 98 (Ohio App. 2010) (aggravated burglary centers on the single trespass; multiple occupants do not necessarily create separate burglary offenses)