State v. Jackson
2019 Ohio 2027
Ohio Ct. App.2019Background
- Defendant Derrick Jackson pled guilty to aggravated robbery (R.C. 2911.01(A)(1)) with a firearm specification and kidnapping (R.C. 2905.01(A)(2)).
- Facts admitted at plea: Jackson and a codefendant approached two victims at gunpoint, forced them through a garage, basement, stairs, and into their apartment, and demanded valuables.
- While one victim was restrained on the floor, Jackson attempted to take her phone, shot her in the leg when she tried to call 911, and the pair fled with property including a handgun and the victim’s phone.
- At sentencing Jackson argued the aggravated robbery and kidnapping convictions were allied offenses of similar import and should merge; victims’ statements corroborated the plea facts.
- The trial court denied merger, imposed concurrent 11-year terms for each felony with a mandatory consecutive 3-year firearm term, for an aggregate 14-year sentence.
- Jackson appealed, challenging the merger ruling (de novo review) and the sufficiency/support for his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated robbery and kidnapping are allied offenses subject to merger | State: offenses have dissimilar import or separate animus because movement/restraint was substantial | Jackson: restraint was merely incidental to the robbery and thus should merge | Court held not allied; restraint/movement was substantial and prolonged, showing separate animus -> no merger |
| Whether the sentence is unsupported or contrary to law | State: trial court acted within statutory range and considered sentencing statutes (presumed) | Jackson: trial court erred by imposing maximum sentences and failed to properly consider R.C. 2929.11/2929.12 | Court held sentence supported and within statutory range; defendant failed to show sentencing statutes were not considered |
Key Cases Cited
- State v. Williams, 134 Ohio St.3d 482 (2012) (standard for reviewing allied-offense claims)
- State v. Ruff, 143 Ohio St.3d 114 (2015) (R.C. 2941.25(B) and tests for multiple convictions)
- State v. Jenkins, 15 Ohio St.3d 164 (1984) (aggravated robbery always contains brief restraint)
- State v. Logan, 60 Ohio St.2d 126 (1979) (restraint incidental vs. independent; factors creating separate animus)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standard for appellate review of felony sentences)