State v. Craycraft
193 Ohio App. 3d 594
Ohio Ct. App.2011Background
- On remand from the Ohio Supreme Court, we apply State v. Johnson to Craycraft.
- Craycraft was convicted of felonious assault, child endangering (two counts each for two children), and domestic violence.
- The twins, K.C. and S.C., were severely injured while in Craycraft’s care and removed by children’s services.
- The two indictments consolidated eight counts; the jury returned guilty verdicts on all counts.
- Craycraft I upheld the convictions; the Ohio Supreme Court later reversed and remanded for Johnson analysis.
- The court must determine whether the offenses are allied offenses of similar import under Johnson and, if so, merge them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether felonious assault and child endangering and domestic violence are allied offenses | Craycraft argues they are allied and must merge. | State contends the counts may be sustained separately under Johnson’s framework. | Allied offenses were merged for counts tied to each child. |
| Whether the same conduct supports multiple counts and whether a single act/state of mind yields merger | Same conduct could support multiple offenses; Johnson requires merging if single act/state of mind. | Evidence may show separate incidents and animus; not necessarily merger. | Same conduct supported all offenses; a single act/state of mind did not justify separate convictions; merger required. |
| Whether the state may elect which allied offense to pursue after remand | State previously elected how to proceed; remand freezes choice. | Whitfield allows the state to elect after remand. | State retains right to election; remand must be consistent with Johnson and Whitfield. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (two-step allied-offenses test; Johnson overruled Ranee)
- State v. Brown, 119 Ohio St.3d 447 (2008-Ohio-4569) (defines allied/offense framework; separate/identical-animus distinction)
- State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (state may elect which allied offense to pursue after remand)
- State v. Ranee, 85 Ohio St.3d 632 (1999-Ohio-) (pre-Johnson allied-offenses standard (overruled))