State v. Creel
2011 Ohio 5893
Ohio Ct. App.2011Background
- Creel was convicted and sentenced for multiple offenses, including two counts of murder, improperly discharging a firearm, tampering with evidence, and felonious assault.
- Creel appealed the sentence on allied-offense grounds; the State conceded error in sentencing on allied offenses of similar import.
- In 2010, the Ohio Supreme Court issued a new test for allied offenses in State v. Johnson.
- Johnson post-dates Creel's sentencing, so the trial court did not apply Johnson or allow the State to elect the sentencing offense.
- The Ninth District sustained the first assignment of error, reversed Creel’s sentence, and remanded for proceedings consistent with Johnson.
- Because the first assignment was sustained, the second assignment was deemed not ripe for review at that time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Creel’s sentences on allied offenses were proper | Creel | Creel | Remanded for Johnson-based determination |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (Ohio Supreme Court, 2010) (new test for allied offenses for sentencing purposes)
- State v. McDaniel, 2011-Ohio-5001 (9th Dist. 2011) (remand to determine allied-offense choice by State)
- State v. Vitt, 2011-Ohio-1448 (9th Dist. 2011) (remand procedure for Johnson considerations)
- State v. Jones, 2011-Ohio-4934 (9th Dist. 2011) (remand to apply Johnson's framework)