State v. Jones
2011 Ohio 4934
Ohio Ct. App.2011Background
- In 2007, a jury found Jones guilty of possession of cocaine, trafficking in heroin, having weapons while under a disability, possessing criminal tools, and two counts of possession of heroin (one first-degree, one second-degree).
- This Court previously vacated the sentencing entries in earlier appeals for post-release control notice issues, without addressing merits.
- On October 22, 2010, the trial court resentenced Jones, merging heroin possession and trafficking for sentencing and imposing four years, plus additional terms of four years (possession of cocaine), twelve months (having weapons while under a disability), six months (possessing criminal tools), and three years (second heroin conviction).
- Jones appealed raising four assignments of error challenging sentencing procedures and calculations.
- The court sustained the first assignment of error, determining plain error in imposing multiple sentences for allied offenses under Johnson and remanding for Johnson-based analysis; the remaining assignments were not ripe for review.
- Judgment reversed and remanded for further proceedings consistent with Johnson and this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allied offenses sentencing error | Jones argues multiple heroin sentences violate allied-offenses merger. | Jones III previously rejected but Johnson mandates different analysis; resentencing preceded Johnson. | Remand to apply Johnson; plain error found in multiple allied-offense sentences. |
| Ripeness of remaining issues | Other assignments should be reviewable. | Issues not ripe until Johnson issue resolved. | Not ripe; not reviewed at this stage. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010) (overruled Rance; requires analysis of conduct for allied offenses)
- State v. Rance, 85 Ohio St.3d 632 (1999) (merger analysis based on abstract elements (overruled by Johnson))
- State v. Vitt, 2011-Ohio-1448 (2011) (remand to apply Johnson for allied offenses)
- State v. Brown, 2011-Ohio-1041 (2011) (remand/Johnson application in allied offenses context)
- State v. Reives-Bey, 2011-Ohio-1778 (2011) (remand for Johnson-based proceedings)
- State v. Underwood, 2010-Ohio-1 (2010) (res judicata considerations in resentencing context)
- State v. Wilson, 2011-Ohio-2669 (2011) (res judicata and resentencing considerations)