State v. Lewis, 2017 Ohio 4296

Between Sept–Dec 2015 Lewis committed a series of armed robberies (bank, pizza shop, fast‑food restaurant, bakery) and was indicted in two separate Cuyahoga County cases.
He pled guilty in April 2016 to seven amended counts across the two indictments (aggravated robberies, robberies, and two counts of having a weapon while under disability) under a package plea; remaining counts were nolled.
The trial court ordered PSIs and, at sentencing, imposed concurrent and consecutive terms that produced an aggregate 27‑year prison sentence.
Lewis did not raise allied‑offenses (merger) at sentencing and instead appealed the sentence after judgment, raising three issues: merger of two aggravated robbery counts (fast‑food incident), validity of consecutive sentences, and ineffective assistance for failing to pursue mental‑health issues in the PSI.
The court reviewed the merger claim for plain error, evaluated consecutive sentences under R.C. 2929.14(C)(4) (Bonnell standard for incorporation into the entry), and applied Strickland/Xie standards to the ineffective‑assistance claim.

Issue	State's Argument	Lewis's Argument	Held
Merger of two aggravated‑robbery counts (same fast‑food incident)	Counts involved separate victims so offenses are dissimilar and may be separately convicted	The two aggravated‑robbery counts should merge as allied offenses of similar import	Overruled — offenses involved separate victims (distinct harms); no plain error shown
Consecutive sentences	Sentences necessary to protect the public, not disproportionate; court made and incorporated R.C. 2929.14(C)(4) findings	Consecutive sentences unsupported by record and disproportionate compared to similar cases	Overruled — court engaged correct analysis, made required findings, and record supports consecutive sentences
Ineffective assistance (failure to address PSI mental‑health issues)	Counsel argued Lewis understood charges; no record showing prejudice or that Lewis would not have pled	Counsel was ineffective for not seeking psychiatric evaluation or raising mental‑health mitigation before sentencing	Overruled — Lewis failed to show deficient performance or prejudice affecting plea; guilty plea waived most ineffective‑assistance claims
Standard of review for merger not raised at sentencing	N/A	N/A	Court applied plain‑error review per State v. Rogers and found no reversible error

State v. Rogers, 38 N.E.3d 860 (Ohio 2015) (failure to raise allied‑offenses at trial forfeits all but plain error; defendant must show reasonable probability offenses are allied)
State v. Ruff, 34 N.E.3d 892 (Ohio 2015) (R.C. 2941.25(B) analysis: offenses dissimilar if separate victims or separate, identifiable harm)
State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must make discernible consecutive‑sentence findings and incorporate them in the entry; no talismanic recital required)
State v. Xie, 584 N.E.2d 715 (Ohio 1992) (Strickland standard applies to ineffective‑assistance claims in guilty‑plea context)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part test — deficient performance and prejudice)