State v. Rowser, 2011 Ohio 575

Appellant Lucius M. Rowser was convicted of having weapons while under disability in Stark County Common Pleas, resulting in a five-year term.
Victim Lora Matyas reported being shot by Rowser; she sustained jaw, arm, and leg injuries with a bullet in the jaw and other blunt-force injuries.
Medical examination showed a bullet in Matyas’ jaw, broken forearm, and leg injuries; surgery and recovery followed.
Police obtained a search warrant for Rowser’s Canton home; SWAT found him inside, and officers recovered a .32 caliber revolver, live ammo, a spent casing, a hammer, and a Matyas tooth.
DNA testing linked Rowser to DNA on the revolver, and a deformed bullet matched the weapon.
In 1997 Rowser was convicted of kidnapping and felonious assault; those convictions were merged for sentencing in that case, but guilt on both offenses remained.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the indictment was properly framed notwithstanding merger for sentencing	Rowser argued the prior felonies were merged, so the indictment should have been dismissed.	Rowser contends the indictment properly alleged ongoing disability and valid prior violent convictions.	Indictment valid; guilt for a prior conviction remains notwithstanding sentencing merger.
Whether the conviction is supported by sufficient evidence and not against the manifest weight	Rowser contends the evidence fails to prove prior convictions or disability.	State maintains sufficient evidence and that the verdict is not against the weight of the evidence.	Conviction supported by substantial evidence; not against weight or sufficiency.

State v. Whitfield, 124 Ohio St.3d 319 (2010) (determines that guilt for allied offenses remains before merger for sentencing)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (thirteenth juror standard for manifest weight review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency of evidence standard)