State v. Long
2013 Ohio 251
| Ohio Ct. App. | 2013Background
- DonAntonio K. Long was convicted in Summit County Court of Common Pleas of having weapons while under disability on two counts arising from guns found in his home after a November 2011 shooting.
- A sister, Dream Williams, identified Long as the shooter in the Grimes shooting, which led to police investigation and a search of Long's residence.
- The police recovered a blue tote containing a revolver, a pistol, ammunition, and an additional box of ammo on a top shelf, linking Long to the weapons.
- The grand jury initially charged Long with felonious assault with firearm specifications and multiple counts of having weapons while under disability; Long was ultimately convicted only of the two weapons-under-disability counts, sentenced to four years total (consecutive).
- Long appealed contending the two convictions for having weapons while under disability are allied offenses of similar import and must merge for sentencing.
- At issue was whether Long could commit both offenses with the same conduct and under a single state of mind, given possession of two different firearms at a single location.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the two having weapons under disability convictions allied offenses? | Long argues the offenses are allied since same conduct and single mindset. | State contends the two guns were separate possessions, not the same conduct. | Yes; they are allied offensess and must merge; remand for election. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010) (determine allied offenses by considering conduct first, then same conduct with single state of mind)
- State v. Thompson, 46 Ohio App.3d 157 (1988) (possession of multiple weapons under disability treated as allied/offense; one or multiple depending on acts)
- State v. Creech, 188 Ohio App.3d 513 (2010) (simultaneous possession of several weapons can be a single continuous act; may be allied)