State v. Santamaria
22 N.E.3d 288
Ohio Ct. App.2014Background
- Santamaria and co-defendant Linde broke into Nemeth's home to commit burglary and robbery; Nemeth was home and called police.
- Santamaria and Linde assaulted Nemeth with a knife after he emerged from hiding.
- In 2011, Santamaria was indicted on aggravated robbery, aggravated burglary, and possessing criminal tools; pled guilty to robbery and burglary; tools count dismissed.
- Initial sentencing: eight years for aggravated robbery and seven years for aggravated burglary, consecutive for a total of fifteen years.
- On appeal, this court vacated the convictions to allow Johnson-based merger analysis; on remand, successive sentencing and PSI occurred, leading to resentencing and the current appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jail-time credit calculation | Santamaria argues jail-time credit not properly calculated. | State concedes error and supports correction on remand. | Remanded to properly calculate and enter jail-time credit. |
| Consecutive sentences findings | Santamaria argues required R.C. 2929.14(C)(4) findings were not made at sentencing. | State argues findings were made in the sentencing entry, but Bonnell requires at sentencing and in the entry. | Consecutive sentences reversed and remanded for proper findings at sentencing and journal entry. |
| Merge of aggravated robbery and aggravated burglary | Santamaria contends the two offenses are allied offenses of similar import and should merge. | State contends they are not allied offenses under Johnson despite limited record. | Convictions not merged; assignment overruled. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010) (two-step allied offenses analysis: potential overlap then actual conduct/animi u)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (consecutive sentences require at sentencing findings and journal-entry incorporation)
