State v. Temaj-Felix
2013 Ohio 4463
Ohio Ct. App.2013Background
- Defendant Rodolfo Temaj‑Felix pleaded guilty to aggravated vehicular homicide, aggravated vehicular assault, and two counts of failure to stop after an accident (R.C. 4549.02) after running a red light and striking two pedestrians—killing one (S.W.) and injuring the other (N.T.).
- The bill of particulars alleged a single collision in which both victims were struck; defendant did not stop at the scene and had a BAC of .213.
- Trial court sentenced: 11 years (homicide), 4 years (assault), 2 years (failure to stop as to S.W.), 1 year (failure to stop as to N.T.), consecutive for a total of 18 years, plus lifetime license suspension.
- Initial appellate counsel filed an Anders brief; the court found an arguable issue (whether the two failure‑to‑stop convictions should merge) and appointed new counsel to brief it.
- The appellate court reviewed allied‑offense issues de novo and considered whether the unit of prosecution for R.C. 4549.02 is the number of collisions rather than the number of victims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two failure‑to‑stop convictions under R.C. 4549.02 (for two victims in one collision) must merge under R.C. 2941.25 | State relied on separate conduct for each victim and convictions were proper | Temaj‑Felix argued both convictions arose from the same collision and thus are allied offenses that must merge | Court held convictions were allied: unit of prosecution is collisions, not victims; sentences for the two counts vacated and remanded for sentencing on one count |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (appointed‑counsel no‑merit brief procedure)
- State v. Williams, 134 Ohio St.3d 482 (Ohio 2012) (de novo review of R.C. 2941.25 allied‑offense determinations)
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (conduct‑based allied‑offense test)
- State v. Whitfield, 124 Ohio St.3d 319 (Ohio 2010) (state election after allied‑offense merger; resentencing guidance)
- State v. Bickerstaff, 10 Ohio St.3d 62 (Ohio 1984) (elements of allied‑offense analysis)
- State v. Logan, 60 Ohio St.2d 126 (Ohio 1979) (definition of animus and intent inference)
- State v. Fields, 97 Ohio App.3d 337 (Ohio Ct. App.) (waiver and plain‑error review when no timely objection made)