State v. Melton, 2013 Ohio 257

Melton was bound over from juvenile court and indicted on five counts, including felonious assault and discharge of a firearm on or near prohibited premises, with firearm specifications.
He was convicted on all counts after a jury trial and sentenced to 29 years, with consecutive terms.
The offenses occurred during a shooting after a fight at Eddie’s Discount Store; two victims Hanson and Whitted were shot.
Melton testified he did not possess a gun and claimed Whitted fired the gun.
Evidence included store surveillance and witness testimony showing Melton actively involved in the fight and shooting.
On reconsideration, Melton raises multiple appellate errors seeking remand for resentencing and correction of the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the verdict form invalidly statute-extended the offense degree	Melton (State) argues verdict form failed to state degree/elevating element	Melton contends form left degree unspecified, violating R.C. 2945.75	First assignment sustained; judgment corrected to lowest degree (fourth)
Whether the trial court should have instructed aggravated assault	State argues no requirement to instruct aggravated assault	Melton contends evidence warranted lesser included offense instruction	Second assignment overruled; no plain error evident
Whether felonious assault and discharge of firearm are allied offenses requiring merger	State argues separate offenses based on different statutory elements	Melton contends same conduct; merger required	Third assignment sustained; offenses should have merged and state must elect merger on remand
Whether the trial court’s sentencing evidenced judicial bias requiring reversal	N/A	Melton claims bias affected fairness	Fourth assignment overruled; bias preserved for potential remand but not grounds to vacate sentence here
Whether counsel provided ineffective assistance	N/A	Melton claims trial counsel failed to object/instruct properly on various issues	Fifth assignment overruled to extent earlier errors necessitate remand; counsel deficiencies found but not prejudicial given other reversals

State v. Manley, 2011-Ohio-5082 (Ohio 3d Dist 2011) (plain-error review for verdict form defects (aggravating elements))
State v. Pelfrey, 112 Ohio St.3d 422 (Ohio 2007) (verdict form must state degree or aggravating element under R.C. 2945.75(A)(2))
State v. Eafford, 132 Ohio St.3d 159 (Ohio 2012) (reconcilable outcome on degree/conviction despite missing form language)
State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (allied offenses focus on same conduct and same state of mind)
State v. Underwood, 124 Ohio St.3d 365 (Ohio 2010) (merger when allied offenses; impact on sentencing)