State v. Lawson, 2012 Ohio 1050

Lawson was convicted in the Cuyahoga County Court of Common Pleas of multiple counts, including four counts of menacing by stalking, telecommunications harassment, aggravated menacing, domestic violence, HWUD, and CCW.
The convictions arose from sustained stalking-like conduct and threatening text messages toward R.O., including showing a gun and following her, in late 2010.
Lawson sought new assigned counsel pretrial; the court conducted a detailed colloquy but denied a change of counsel.
At trial, the state dismissed one count; the bench trial resulted in guilty verdicts on remaining counts and certain merge reductions at sentencing.
The sentencing order merged firearm specifications and Counts 5 and 6 with base counts; total term was 10 years, with various consecutive and merged components.
On appeal, Lawson argues improper denial of new counsel, insufficiency/weight of domestic violence evidence, and improper merger/allied offenses; the state concedes some merger arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the denial of new counsel an abuse of discretion?	Lawson sought new counsel due to conflict with current counsel.	Court failed to adequately evaluate his request.	No abuse; denial affirmed.
Is the domestic violence conviction supported by sufficient evidence?	Evidence insufficient to prove DV element.	State proved DV element beyond reasonable doubt.	Sufficient evidence supports DV conviction.
Is the domestic violence conviction against the manifest weight of the evidence?	Weight of the evidence favors Lawson.	Evidence supports DV conviction and credibility assessments were proper.	Not against the manifest weight; conviction affirmed.
Should some counts be merged as allied offenses under R.C. 2941.25?	Weapons offenses may be merged with related counts; DV may merge with stalking.	Counts are allied or not depending on conduct; some merging required.	Weapons counts merged; DV not allied with stalking; remand on merger issue; Whitfield considerations noted; overall affirmed in part, reversed/ remanded in part.

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (analysis of allied offenses and 2941.25 merger framework)
State v. Murphy, 91 Ohio St.3d 516 (2001) (abuse-of-discretion standard for counsel substitution decisions)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency and manifest weight standards for evidence)
State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency review via viewing evidence in the light most favorable to the prosecution)
State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of witness testimony are for the trier of fact)
State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (state’s election timing for pursuing allied offenses at sentencing)