State v. Lacavera, 2012 Ohio 800

Lacavera was convicted on multiple counts including aggravated burglary, aggravated robbery, kidnapping, felonious assault, disrupting public service, receiving stolen property, possessing criminal tools, forgery, and theft after a July 2010 home invasion in Parma.
Williams and Rosado, associates of Lacavera, testified that Lacavera organized the burglary and used Williams to commit the crimes; Williams and Rosado also admitted to related thefts and credit-card use.
DNA evidence linked Williams, Lacavera, and an unknown person to the pry bar, and Lacavera’s truck was tied to the crime scene by police observations.
Detective Milter testified Lacavera was a person of interest but later implicated by Williams, Rosado, and surveillance footage identifying Lacavera and his vehicle.
The trial court sentenced Lacavera to six years, and on appeal the court affirmed some convictions but reversed and remanded for resentencing due to allied-offense issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the convictions are supported by the weight (and sufficiency) of the evidence	Lacavera argues insufficiency/weight undermines convictions	Lacavera contends evidence does not support complicit liability	Convictions not against weight; weight resolves sufficiency; affirmed as to sufficiency/weight.
Whether kidnapping, aggravated robbery, felonious assault, and aggravated burglary are allied offenses requiring merge	State contends distinct offenses under same conduct	Lacavera/ Williams acted with separate animus; no merge	Kidnapping, aggravated robbery, and felonious assault merge; aggravated burglary also allied; remanded for resentencing with sole allied offense chosen by State.
Proper sentencing on allied offenses; whether remand for resentencing is required	State to elect among allied offenses for sentencing	N/A beyond merger	Remanded for resentencing; State to elect which allied offense to pursue for sentencing.

State v. Johnson, 128 Ohio St.3d 1405 (2010-Ohio-6314) (tests for allied offenses; shared criminal intent may be inferred)
State v. Logan, 60 Ohio St.2d 126 (1979) (separate animus sufficient for separate convictions when restraint is substantial or increases risk of harm)
State v. Lockett, 49 Ohio St.2d 48 (1976) (rule of accomplice liability and separate convictions for allied offenses)
State v. Whitfield, 124 Ohio St.3d 319 (2010) (allied offenses framework; sentencing implications)
State v. Darnell, 2011-Ohio-3647 (5th Dist.) (example of same-animus analysis for merging offenses)