State v. Slevin
2012 Ohio 2043
Ohio Ct. App.2012Background
- Slevin and the victim lived together for several months in 2010.
- Police found Slevin with the victim and another man engaged in a sexual act in December 2010, leading to an assault sequence.
- Slevin assaulted and threatened the victim with a knife, resulting in three domestic-violence charges and a criminal protective-order against him.
- On January 6, 2011, police arrested Slevin for violating the protection order and for possession of drug paraphernalia.
- A jury convicted Slevin on two domestic-violence counts, violating the protection order, and drug paraphernalia; he was sentenced to 12 months in prison; he appeals raising multiple assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the two domestic-violence counts were allied offenses subject to merger | Slevin argues plain error because the counts are allied offenses under Johnson. | State/Slevin dispute not explicitly stated; Johnson governs merger. | Yes; remand for merger analysis under Johnson; trial court should apply Johnson first. |
| Whether Slevin was deprived of effective assistance of counsel at sentencing | Slevin contends counsel failed to argue merger under Johnson. | Not explicitly stated; appellate court remands for Johnson-based ruling. | Remanded; merits not reached due to Johnson issue. |
| Whether the court properly notified Slevin about court costs at sentencing | Slevin asserts lack of oral notice violated R.C. 2947.23(A). | Costs were ordered despite lack of oral notice. | Error; remand to consider waiver of costs. |
| Whether the court properly taxed attorney fees under R.C. 2941.51(D) | Trial court failed to determine financial ability to pay. | Attorney fees should generally be paid by county unless capable; depends on capability. | Remanded for determination of Slevin’s ability to pay. |
| Whether the convictions for domestic violence are supported by sufficient evidence and are not against the manifest weight | Slevin argues insufficient/weighty evidence; credibility issues with victim. | State presented sufficient corroborating evidence; credibility to jury. | Sufficient evidence; not against weight; convictions affirmed on sufficiency/weight analysis. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010) (new allied-offense merger test (syllabus))
- State v. Williams, 79 Ohio St.3d 459 (1997) (elements and cohabitation considerations in DV cases)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (crim.R. 29 sufficiency standard; special-weights approach)
- State v. Joseph, 125 Ohio St.3d 76 (2010) (costs and indigency considerations under court-order provisions)