State v. Robinson, 2013 Ohio 4375

Robinson and codefendant Logan were charged by indictment with felonies including felony murder, multiple felonious assaults, and a firearm offense stemming from the February 22, 2012 killing of Dena’Jua Delaney (“Bubbles”) on Garfield Road in East Cleveland.
The state dismissed the aggravated murder charge at trial and proceeded to jury conviction on remaining counts after presenting eyewitness and forensics evidence.
Robinson admitted firing a shot from his car; witnesses varied on who shot at the crowd and when Bubbles was struck.
Forensic testimony linked a bullet to Robinson’s firearm but not conclusively to a single shooter, while other bullets were inconsistent with the recovered guns.
The jury acquitted the murder count but convicted Robinson of felony murder (based on the underlying felonious assault), multiple felonious assaults, and a firearm-offense; he was sentenced to life with parole eligibility after 21 years and other concurrent terms.
On appeal, the court affirms the convictions but vacates the sentence and remands for a new sentencing hearing, including merger of allied offenses for sentencing and election of which counts merge on remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for felony murder	Robinson argues the state failed to prove death was a proximate result of his felonious assault.	Robinson contends the evidence does not establish he caused Bubbles’s death.	Sufficient evidence supported felony murder under proximate-cause theory.
Sufficiency of felonious assault convictions	State argues enough evidence shows Robinson knowingly caused physical harm via a deadly weapon to each named victim.	Robinson claims lack of evidence that victims were in line of fire or that he acted knowingly.	Sufficient evidence supported the five felonious assaults.
Felony murder merger doctrine applicability	State contends Ohio has not adopted an independent-felony/merger doctrine to bar felonious-assault predicates for felony murder.	Robinson argues merger should preclude felony-murder liability where felonious assault causes death.	Ohio does not recognize the merger doctrine; felony murder stands.
Allied offenses of similar import (sentencing merger)	Two counts (felony murder and firearm discharge) are allied offenses and should merge for sentencing.	Robinson argues they are distinct offenses meriting separate sentences.	Count 2 and Count 10 were allied offenses; required merger on remand; state must elect which to merge.

State v. Widner, 69 Ohio St.2d 257 (Ohio 1982) (shooting a firearm in a place likely to cause harm supports knowing conduct)
State v. Chambers, 53 Ohio App.2d 266, 373 N.E.2d 393 (Ohio App. 1977) (proximate cause theory governs felony-murder liability)
State v. Lovelace, 137 Ohio App.3d 206, 738 N.E.2d 418 (1st Dist. 1999) (proximity and conduct can sustain felonious assault under aiding-and-abetting theory)
State v. Glenn, 2011 Ohio 829 (1st Dist. 2011) (affirms separate-sentencing considerations when allied offenses)