State v. Scott, 2016 Ohio 5929

Background

In 2007 Scott was convicted after a bench trial of aggravated assault, felonious assault (against Damien Taylor), and having a weapon while under disability; he received an aggregate nine-year term.
Taylor survived the 2007 shooting but died in April 2013 from complications of the wound; the coroner ruled the death a homicide.
In 2014 Scott was charged for Taylor’s death (aggravated murder, felonious assault, and having a weapon while under disability); he pled guilty to voluntary manslaughter (R.C. 2903.03) and having a weapon while under disability (R.C. 2923.13(A)(3)) under a plea agreement.
The agreed sentence was 10 years for voluntary manslaughter and 2 years for having a weapon while under disability, to be served consecutively (total 12 years).
Scott appealed, arguing (1) the combined sentences for having a weapon while under disability effectively produced a five-year term contrary to statutory range, (2) the combined punishments for felonious assault (2007) and voluntary manslaughter (2014) produced a 15-year punishment for a single act, and (3) the case should have been reassigned to the original trial judge as a reindictment.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Scott)	Held
1) Whether Scott may appeal an agreed sentence that exceeds statutory limits	Agreed sentence is authorized by law and not appealable under R.C. 2953.08(D)(1) because parties recommended it	Sentence exceeds statutory range for the offense and is therefore contrary to law, permitting appeal	Court: Agreed sentence may be reviewed because it appears contrary to law; appellate review allowed under R.C. 2953.08(G)(2)
2) Whether Scott’s combined punishments for multiple cases (2007 and 2014) violated double jeopardy or produced an unlawful aggregate term for having a weapon while under disability	Charges arise from distinct prosecutions; different underlying offenses justify separate punishment	Single act/possession formed basis for both prosecutions; consecutive punishment for the same statutory offense (having a weapon while under disability) produces an aggregate term beyond statutory range and is contrary to law	Court: Double jeopardy precluded punishing the same R.C. 2923.13(A)(3) offense twice for the single possession act; the 2-year term in 2014 must be vacated (first assignment sustained)
3) Whether the felonious assault (2007) and voluntary manslaughter (2014) convictions/punishments improperly subject Scott to double jeopardy	Felonious assault and voluntary manslaughter are distinct offenses (each requires proof the other does not); death after the first prosecution permits subsequent manslaughter charge	The earlier felonious assault conviction should bar later manslaughter punishment as duplicative	Court: Overrules Scott — the manslaughter charge required proof of an additional fact (death) not present in 2007; prosecution after death was permissible (second assignment overruled)
4) Whether the case should have been reassigned to the original trial judge as a reindictment	Case assignment to current judge was proper; 2007 case was decided (not pending)	Local rule required reassignment where a defendant has a pending case; this should have triggered assignment to Judge Russo	Court: Reassignment rule did not apply because the 2007 case was decided and not pending; (third assignment overruled)

Key Cases Cited

State v. Underwood, 922 N.E.2d 923 (Ohio 2010) (agreed sentence is not appealable only if it comports with all mandatory sentencing provisions)
State v. Anderson, 6 N.E.3d 23 (Ohio 2014) (double jeopardy prevents multiple punishments for the same offense)
State v. Saxon, 846 N.E.2d 824 (Ohio 2006) (sentences are imposed on individual counts)
State v. Rogers, 38 N.E.3d 860 (Ohio 2015) (appellate rules require issues be supported and preserved)
State v. Tate, 19 N.E.3d 888 (Ohio 2014) (requirements for appellate briefing and claims)
State v. Younker, 33 N.E.3d 111 (Ohio App.) (sentence is contrary to law when it falls outside statutory range)