State v. Gray, 2019 Ohio 5317

Gray was indicted on trafficking and possession of cocaine (original first-degree counts); he pled guilty under a plea agreement to both counts reduced to third-degree felonies with a joint recommendation of community control.
The trial court accepted the plea and sentenced Gray to five years of community control but required him to enroll with probation; Gray never reported.
After about three months the probation officer applied to revoke community control; a revocation hearing was held where Gray testified and had counsel.
The court found a violation, revoked community control with Gray’s consent to disposition, and imposed prison terms of 36 months (trafficking) and 12 months (possession), to run consecutively (48 months total).
Gray appealed, arguing (1) ineffective assistance of counsel at the revocation hearing for failing to object to separate/consecutive sentences and (2) denial of due process because the court failed to merge counts and impose statutory-minimum sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Gray received ineffective assistance when counsel did not object to merger and consecutive sentences	Gray: counsel should have objected under R.C. 2941.25 (merger) and R.C. 2929.14(C)(4) (consecutive findings)	State: Gray waived R.C. 2941.25 in his plea (separate animus); the court made required consecutive-sentence findings; no prejudice shown	Counsel was not deficient. Gray waived merger; the court made statutory findings supporting consecutive terms.
Whether the trial court erred by failing to merge counts and by not imposing a statutory-minimum sentence	Gray: court should have merged allied offenses and imposed minimum based on mitigation	State: waiver of R.C. 2941.25 and record supports the court’s R.C. 2929.14(C)(4) findings; sentence lawful	Overruled — waiver and the court’s findings dispositive; 48-month sentence affirmed.

Strickland v. Washington, 466 U.S. 668 (1984) (ineffective-assistance two-prong test: deficient performance + prejudice)
Hinton v. Alabama, 571 U.S. 263 (2014) (counsel must meet minimal competence standard)
State v. Whitfield, 124 Ohio St.3d 319 (2010) (R.C. 2941.25 protects against multiple sentences, not multiple convictions)
State v. Rogers, 143 Ohio St.3d 385 (2015) (a defendant may waive R.C. 2941.25 protections by stipulating separate animus in a plea)
State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must make R.C. 2929.14(C)(4) findings for consecutive sentences; reasons need not be stated)
State v. Brooks, 103 Ohio St.3d 134 (2004) (upon community-control violation court may impose prison up to the term indicated at original sentencing)