State v. Ozevin
2013 Ohio 1386
Ohio Ct. App.2013Background
- Defendant-appellant Erdel Ozevin was convicted in Clermont County for aggravated burglary and kidnapping after a joint bench trial.
- Counts for attempted murder and felonious assault were dismissed; aggravated burglary and possessing criminal tools merged, leaving convictions only for aggravated burglary and kidnapping.
- Trial court sentenced Ozevin to 7 years for aggravated burglary and 5 years for kidnapping, to be served consecutively for a 12-year aggregate term.
- State sought to present additional evidence by victim testimony, which the state declined; essential factual recitations were read at the plea hearing.
- Appellant argues the offenses are allied offenses of similar import and should have merged under R.C. 2941.25; the court agrees and remands for a new sentencing hearing after the state selects which allied offense to pursue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated burglary and kidnapping are allied offenses of similar import. | Ozevin (State) asserts separate offenses due to conduct. | Ozevin contends same conduct and animus support merger. | Yes; offenses are allied and must be merged. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (two-part test for allied offenses under R.C. 2941.25)
- State v. Craycraft, 2011-Ohio-413 (12th Dist. 2011) (articulates Johnson framework for merging allied offenses)
- State v. Brown, 119 Ohio St.3d 447 (2008-Ohio-4569) (defines single act/single state of mind for allied offenses)
- State v. McCullough, 2011-Ohio-992 (12th Dist. 2011) (applies Johnson andBrown to determine merger)
- State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (remedial merging/remanded for resentencing upon discovery of merger)