State v. Ratliff
2017 Ohio 2816
| Ohio Ct. App. | 2017Background
- On April 4–5, 2016, Nicholas Ratliff stole a firearm and then led Toledo police on a high‑speed chase in a vehicle he had taken from another acquaintance; he ingested cocaine and heroin during or shortly after the chase.
- Police found Ratliff in possession of over five grams of cocaine and 0.07 grams of heroin.
- Ratliff was charged in two indictments: one for grand theft of a firearm (CR16‑2040) and another containing burglary (nolle prosequi), grand theft of a vehicle (nolle), failure to comply with a police officer (Count 3), tampering with evidence (nolle), possession of cocaine (Count 5), possession of heroin (Count 6), and unauthorized use of a vehicle (misdemeanor, Count 7).
- Ratliff pleaded guilty under Alford to the firearm count and no contest to Counts 3, 5, 6, and 7; other counts were dismissed at the state’s request.
- The trial court imposed concurrent and consecutive prison terms, ordered Ratliff to serve 943 days of revoked postrelease control consecutively, and imposed additional penalties; Ratliff appealed solely contesting non‑merger of the cocaine and heroin possession convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions for possession of cocaine and possession of heroin must merge as allied offenses of similar import under R.C. 2941.25 (double jeopardy) | State: convictions may stand separately because each drug possession is separately proscribed and punished | Ratliff: simultaneous possession/ingestion of both drugs was part of one continuous bad act (the high‑speed chase), so the offenses should merge | Court held: no merger — simultaneous possession of different controlled substances are separate offenses and need not merge |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (Sup. Ct. 1970) (guilty plea may be entered while maintaining innocence under certain facts)
- State v. Ruff, 143 Ohio St.3d 114 (Ohio 2015) (sets the Ruff three‑part allied‑offenses test and focuses analysis on defendant’s conduct)
- State v. Delfino, 22 Ohio St.3d 270 (Ohio 1986) (simultaneous possession of different controlled substances can constitute multiple offenses)
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (precedent on allied‑offense analysis referenced in Ruff)