Background

• In 2007 Johnson was convicted by jury of two counts of aggravated murder and one count of aggravated robbery, plus gun specifications. The trial court originally sentenced him to consecutive 20‑year‑to‑life terms on the murders, concurrent 10 years on robbery, and a merged 3‑year firearm term consecutive to the murder sentences.
• On appeal the convictions were affirmed, but in 2016 this court reversed the trial court’s denial of a resentencing motion and remanded because the court had treated the aggravated robbery as merged yet still imposed a sentence on it, creating a void sentence.
• At the November 16, 2018 resentencing hearing the state elected to merge the aggravated robbery into a murder count and proceeded on the two aggravated murder counts; Johnson’s counsel requested concurrent murder sentences and argued prior sentencing findings were inadequate.
• Johnson denied committing the murders; the state urged consecutive sentences based on the close‑range shootings, Johnson’s criminal history, and R.C. 2929.14 factors (protection of the public, proportionality, and severity/uniqueness of harm).
• The trial court imposed consecutive 20‑year‑to‑life sentences on each aggravated murder count, found consecutive terms necessary and not disproportionate, and ordered the 3‑year firearm specification to run consecutively.
• Johnson appealed, arguing the court failed to comply with R.C. 2929.11 and 2929.12 and did not consider mitigating factors, so consecutive sentences were improper.

Issues

Key Cases Cited

• Porterfield, 829 N.E.2d 690 (Ohio 2005) (R.C. 2953.08(D) unambiguously bars appellate review of murder and aggravated‑murder sentences)
• Weaver, 93 N.E.3d 178 (Ohio Ct. App. 2017) (appellate courts cannot review aggravated‑murder sentences under R.C. 2953.08(D))