State v. King
2013 Ohio 2021
| Ohio Ct. App. | 2013Background
- King pled guilty to failure to comply with police, two counts of having weapons while under disability, and possession of oxycodone in 12CR66, plus possession of heroin in 12CR113; aggregate 10-year prison term with license suspensions
- Defense argued ineffective assistance of counsel in plea bargaining and that sentence was excessive; also argued allied offenses doctrine should merge two weapons-with-disability counts
- Court held counsel did not render ineffective assistance and sentence was not excessive, but two weapons-with-disability convictions were allied offenses and must merge
- Facts: December 25, 2011 car chase, gun found in vehicle, heroin later found, King on post-release control; later second gun found during processing; incidents occurred across vehicle, hospital, and jail
- Plea offers: Feb. 6, 2012 offer of 7½ years (covering five counts); heroin charge added Feb. 24; March 5 revocation of offer and alternative disposition; King sought the 7½-year offer
- Sentencing: in 12CR66 terms of 1, 3, and 3 years (consecutive) plus 3 years for oxycodone, total 10 years; 12CR113 heroin sentence 12 months concurrent; post-release control not imposed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel during plea bargaining | King | King | Not ineffective; counsel's conduct reasonable |
| Allied offenses of having weapons while under disability | State/King | King | Counts merge; not allied offenses; Johnson analysis not satisfied |
| Excessive sentence | King | King | Not an abuse of discretion; within statutory ranges and consecutive-sentencing justified |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6341) (new Johnson test for allied offenses; evaluate conduct and animus)
- Missouri v. Frye, 132 S. Ct. 1399 (2012) (duty to communicate plea offers to defendant)
- State v. Beverly, 2d Dist. Clark No. 2011 CA 64, 2013-Ohio-1365 (2013-Ohio-1365) (animus concept for multiple offenses under Johnson)
- State v. Long, 2013-Ohio-251 (9th Dist. Summit No. 26441) (two weapons under disability; acquires/stores locations matter)
- State v. Creech, 188 Ohio App.3d 513, 2010-Ohio-2553 (2010-Ohio-2553) (simultaneous possession may be one offense; location/timing can affect merger)
- State v. Ranier, 2013-Ohio-963 (2d Dist. Montgomery No. 25091) (timing/location can affect allied offense analysis)