State v. Ross, 2012 Ohio 1389

Ross and Davis had an on-and-off romantic relationship for about 5 years, with Davis and her children previously staying with Ross at times.
On June 8, 2010, Ross allegedly forced entry into Davis’ apartment and attacked her, leading to multiple charges.
The Summit County Grand Jury indicted Davis? No, Ross was charged with two domestic violence counts, plus endangering children, burglary, and related offenses; one endangering count was dismissed pre-trial.
At trial, the jury found Ross guilty of two domestic violence counts, not guilty of the burglary count, and the court sentenced him to four years for felony DV and 180 days for misdemeanor DV (concurrent).
The court also imposed court costs; Ross appealed raising multiple assignments of error, which the appellate court reordered, merged, and remanded for further proceedings consistent with its opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for DV	State contends evidence shows Ross and Davis were family/household members.	Ross argues there was insufficient evidence to prove cohabitation and household relationship.	Sufficiency established; reasonable juror could find cohabitation within five years.
Manifest weight of the evidence for DV	State argues the record supports a finding of family/household member status.	Ross asserts the evidence shows he was only a guest, not a family/household member.	Not against the manifest weight; no miscarriage of justice found.
Allied offenses and merger for two DV counts	State contends two DV counts are not allied offenses of similar import.	Ross argues the two DV counts are allied offenses and should merge.	Johnson controls; two DV counts may be allied; remand to determine merger and election if merged.
Ineffective assistance for not arguing merger	State's position on trial counsel's effectiveness regarding merger.	Ross argues counsel failed to argue merger.	Renders moot due to remand on merger issue.
Court costs notice under R.C. 2947.23(A)	Court costs must be imposed and notified consistent with statute.	Failure to provide proper notices regarding consequences and community service credits renders error.	Remanded for proper imposition/notice under 2947.23(A).

State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency reviewed de novo)
State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard; rational trier of fact could convict)
State v. Williams, 79 Ohio St.3d 459 (1997) (cohabitation factors; shared responsibilities and consortium)
State v. Johnson, 128 Ohio St.3d 153 (2010) (allied offenses of similar import; same conduct and same state of mind)
State v. Brown, 119 Ohio St.3d 447 (2008) (allied offenses; same conduct vs dissimilar import considerations)
State v. Underwood, 124 Ohio St.3d 365 (2010) (prejudice from multiple convictions and sentence relevance)