State v. Johnson
2017 Ohio 5498
| Ohio Ct. App. | 2017Background
- On Aug. 2, 2015, defendant Keith L. Johnson went to his former partner Cynthia Steen’s Huber Heights home uninvited, entered through the back, and confronted Cynthia in the bathroom with a handgun.
- Johnson forced Cynthia into a bedroom, struck her repeatedly in the face with the handgun, and choked her; Cynthia sustained facial injuries and bleeding.
- Cynthia’s brother Willie intervened; Johnson shot Willie twice, wounding him in the chest and throat. During a struggle, the gun discharged and Johnson was shot in the abdomen.
- Johnson was indicted on kidnapping, two counts of aggravated burglary (one alleging deadly weapon, one alleging serious physical harm), three counts of felonious assault (two as to Willie, one as to Cynthia, each alleging deadly weapon), and a defaced firearm charge; all but the firearm count and several specifications resulted in convictions.
- The trial court merged certain counts/specifications and imposed combined mandatory sentences totaling 22 years; Johnson appealed arguing insufficient evidence/manifest weight for aggravated burglary and one felonious-assault count, and that two felonious-assault counts should have merged as allied offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight of evidence for aggravated burglary (stealth/force) | State: evidence showed Johnson entered unseen via rear, did not announce himself, and then used a gun — satisfies stealth or force for aggravated burglary | Johnson: no sufficient proof he entered by stealth or force | Court: Affirmed — circumstantial and direct evidence supported stealth; alternatively, entering and threatening with a gun satisfied force element |
| Sufficiency/manifest weight for felonious assault as to Cynthia (deadly weapon) | State: testimony and photos showed Johnson struck Cynthia repeatedly with a handgun; a firearm used as a bludgeon is a deadly weapon | Johnson: gun was small and could not cause death by pistol-whipping; injuries not severe | Court: Affirmed — repeated strikes with a handgun constituted use of a deadly weapon and caused physical harm regardless of severity |
| Whether two felonious-assault (deadly weapon) counts (Willie and Cynthia) are allied offenses | State: counts involve separate victims so convictions permissible | Johnson: counts should merge as allied offenses of similar import | Court: Affirmed convictions distinct — separate victims produce separate, identifiable harms; no merger required |
| (Procedural) Merger of other counts/specifications | State: trial court appropriately merged overlapping counts/specs | Johnson: challenged some merges in supplemental brief | Court: No reversible error in trial court’s merger decisions as to counts addressed on appeal |
Key Cases Cited
- State v. Jackson, 92 Ohio St.3d 436 (2001) (handgun used as a bludgeon can be a deadly weapon for felonious assault)
- State v. Gaines, 46 Ohio St.3d 65 (1989) (analysis of deadly-weapon concept in assault context)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency of the evidence review)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest-weight review and appellate standards)
- State v. Ruff, 143 Ohio St.3d 114 (2015) (allied-offense framework and when offenses may be separately punished)
- State v. Earley, 145 Ohio St.3d 281 (2015) (clarifies allied-offense inquiry and focus on defendant’s conduct)
- State v. Reeves, (officially reported opinion) 2d Dist. Montgomery (court precedent cited for stealth definition and entry by rear not visible from street) (used as appellate precedent on stealth)