State v. Fields
2018 Ohio 1605
Ohio Ct. App.2018Background
- Terrance Fields pled guilty (March 4, 2014) to aggravated assault (R.C. 2903.12, felony 4), having weapons while under disability (R.C. 2923.13(A)(3), felony 3), carrying concealed weapons (R.C. 2923.12, felony 4), and domestic violence (R.C. 2919.25(A), felony 4); other counts were dismissed per the plea deal.
- At sentencing (April 9, 2014; journalized April 18, 2014) the trial court imposed consecutive prison terms: 12 months (aggravated assault), 2 years (weapons under disability), 12 months (carrying concealed weapons), and 12 months (domestic violence), for a total of five years.
- Fields did not file a direct appeal from the 2014 sentencing entry.
- On February 27, 2017 Fields moved to "correct sentencing," arguing for the first time that aggravated assault and domestic violence were allied offenses of similar import and should have been merged prior to sentencing.
- The trial court denied the motion (May 16, 2017); Fields appealed that denial to the Ninth District Court of Appeals instead of pursuing a delayed direct appeal.
Issues
| Issue | Plaintiff's Argument (Fields) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the aggravated assault and domestic violence convictions were allied offenses of similar import and should have been merged | The two convictions arose from a single incident against one victim and thus must be merged before imposing consecutive sentences | Fields waived the merger claim by not raising it before sentencing or on direct appeal; alternatively, the factual record shows multiple discrete incidents so offenses are not allied | Court held claim barred by res judicata; no pre-sentencing allied-offense finding was made, so error was voidable and must have been raised on direct appeal |
Key Cases Cited
- State v. Williams, 148 Ohio St.3d 403, 2016-Ohio-7658 (where a trial court previously finds offenses are allied, imposing separate sentences is void; absent such a finding, failure to merge renders a sentence voidable and must be raised on direct appeal)
- State v. Holdcroft, 137 Ohio St.3d 526, 2013-Ohio-5014 (explaining procedural bars and timeliness for allied-offense challenges)