State v. Morgan
2012 Ohio 3936
Ohio Ct. App.2012Background
- Morgan participated in a June 26, 2010 bank robbery in Ross County and was later apprehended in Athens County.
- Morgan was prosecuted in Athens County for receiving stolen property (Athens County Case 10 CR 0287).
- Morgan was indicted in Ross County on October 29, 2010 for complicity to aggravated robbery.
- Morgan moved to dismiss the Ross County charge on April 5, 2011, arguing he had already been punished for receiving stolen property in Athens County.
- The trial court overruled the motion; Morgan pled no contest and was sentenced to three years in prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the offenses allied offenses of similar import? | Morgan contends receiving stolen property and complicity to aggravated robbery merge. | Morgan argues double jeopardy prohibits successive prosecutions for allied offenses. | Record shows no evidence of Athens conviction; cannot find allied offenses; prosecution affirmed. |
Key Cases Cited
- State v. Moore, 110 Ohio App.3d 649 (1st Dist.1996) (double jeopardy protects against successive prosecutions)
- State v. Clelland, 83 Ohio App.3d 474 (4th Dist.1992) (analysis of successive prosecutions in separate jurisdictions)
- State v. Urvan, 4 Ohio App.3d 151 (8th Dist.1982) (preemption of venue and jurisdiction when allied offenses)
- State v. DeLong, 70 Ohio App.3d 402 (1990) (merger doctrine and allied offenses under R.C. 2941.25)
- State v. Ware, 63 Ohio St.2d 84 (1980) (codifies merger; avoid cumulative punishment)
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (new test for allied offenses under 2941.25(A))
- State v. Blankenship, 38 Ohio St.3d 116 (1988) (concept of same conduct sufficiency for allied offenses)
- State v. Brown, 119 Ohio St.3d 447 (2008) (same-conduct analysis in allied offenses discussion)
- State v. Humphrey, 4th Dist. No. 10CA3150, 2011-Ohio-5238 (2011) (record deficiency on allied-offenses claim supports affirmance)
- State v. Savage, 7th Dist. No. 08-MA-54, 2009-Ohio-7011 (2012) (absence of record impedes resolution of allied-offenses claim)