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State v. Santamaria
22 N.E.3d 288
Ohio Ct. App.
2014
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Background

  • 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)
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Case Details

Case Name: State v. Santamaria
Court Name: Ohio Court of Appeals
Date Published: Oct 29, 2014
Citation: 22 N.E.3d 288
Docket Number: 26963
Court Abbreviation: Ohio Ct. App.