State v. Small, 2011 Ohio 4086

In 2008, Kamal Shehata had a relationship with Jessica Beasley; Beasley unaware of Shehata's marriage and was upset when learning of it.
On Nov. 24, 2008, Beasley accompanied Shehata to his home; four masked men robbed them, tying them up and taking cash and valuables.
Beasley later admitted involvement; detectives linked Appellant DeJuan Small to the crime via Beasley’s cell-phone records.
Beasley testified at trial; she pleaded guilty to a lesser offense in exchange for testimony against Small; Small denied involvement.
Smalls was convicted on multiple counts including aggravated burglary, aggravated robbery with a deadly weapon, kidnapping, and a firearm specification; he was sentenced to multiple concurrent and consecutive terms with restitution.
On appeal, Small assigns three errors: (1) remarks about transport to jail impacted presumption of innocence; (2) improper transitional-control sentencing issue; (3) improper merger of allied offenses for kidnapping and aggravated burglary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the cruiser reference violate due process?	Small argues the remark compromised the presumption of innocence.	Small contends the comment was prejudicial and not harmless.	No reversible error; harmless beyond a reasonable doubt.
Was transitional control properly addressed at sentencing?	State argues court disapproved transitional control after notice; timing is appropriate.	Small asserts disapproval before notice undermines statute purpose.	Remand for resentencing; discretionary pre-notice denial improper.
Were allied offenses of aggravated burglary and kidnapping properly merged?	State contends separate convictions permissible under Johnson standard.	Small argues kidnapping was incidental and should have merged with aggravated burglary.	Plain error; kidnapping part of aggravated burglary; order to merge and remand for resentencing.

Estelle v. Williams, 425 U.S. 501 (U.S. 1976) (appearance in jail clothing can undermine presumption of innocence)
State v. Johnson, 128 Ohio St.3d 1405 (2010-Ohio-6314) (Johnson test for allied offenses—same conduct and same conduct with same animus merges)
State v. Logan, 60 Ohio St.2d 126 (1979-Ohio-) (whether kidnapping is incidental or substantial with respect to underlying offense)
State v. Sidibeh, 2011-Ohio-712 (10th Dist. 2011) (kidnapping incidental to aggravated burglary; factors for merger)
State v. Spears, 2011-Ohio-1538 (Licking App. No. 10 CA 95) (premature denial of transitional control is improper)
Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless-error standard for constitutional errors)