State v. Harshman
2012 Ohio 3901
Ohio Ct. App.2012Background
- Harshman was indicted in 11CR0023 for receiving stolen property (fourth-degree felony) involving computer equipment owned by Diverse Technology Solutions.
- He was indicted in 11CR0075 and 11CR0076 for illegal manufacture of drugs (meth) within the vicinity of a school, with two separate acts alleged at two locations and dates.
- On December 5, 2011, Harshman pled guilty to receiving stolen property (11CR0023), the lesser-included offense of illegal manufacture of drugs (11CR0075), and the offense of illegal manufacture of drugs (11CR0076) under a plea agreement.
- The parties jointly recommended sentences: 15 months (11CR0023), three years mandatory (11CR0075), and four years mandatory (11CR0076).
- The trial court imposed the jointly recommended sentences for 11CR0075 and 11CR0076 after the plea; 11CR0023 was sentenced as part of the same plea.
- Harshman appealed in all three cases; appellate case 13-12-02 was dismissed for want of prosecution, while 13-12-03 and 13-12-04 were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether separate convictions and sentences for two illegal manufacture offenses were proper | Harshman contends the offenses were allied and should have merged. | Harshman argues plain error to sentence on both offenses. | No error; offenses were committed separately and do not merge under R.C. 2941.25(B). |
| Whether trial counsel was ineffective for not raising allied-offense objections | Harshman asserts counsel failed to raise allied-offense objections prejudicing him. | Counsel was not ineffective because offenses are not allied. | Ineffective-assistance claim rejected; no prejudice since offenses are not allied. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (two separate acts do not merge when offenses are not allied under 2941.25(B))
- State v. Matthieu, 2003-Ohio-3430 (3d Dist. Nos. 10-02-04, 10-02-05) (dismissal for want of prosecution when no related appellate issues raised)
- State v. Kole, 92 Ohio St.3d 303 (2001-Ohio-303) (standard for ineffective assistance of counsel)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (deficient performance plus prejudice framework for ineffective assistance)