State v. Temaj-Felix
2013 Ohio 387
Ohio Ct. App.2013Background
- Temaj-Felix pled guilty to one count of aggravated vehicular homicide, one count of aggravated vehicular assault, and both counts of failing to stop after an accident.
- The trial court imposed an aggregate sentence of 18 years in prison and a lifetime driver’s license suspension.
- Appointed counsel filed a no-error brief under Loc.R. 16.2, indicating potential non-frivolous issues and moving to withdraw; the State agreed no error to Temaj-Felix’s prejudice would result from the trial court’s actions.
- The appellate court conducted an Anders review and found an arguable issue related to whether the two failure-to-stop counts should merge under R.C. 2941.25.
- Because issues potentially meritorious on appeal remained, the court granted counsel’s withdrawal, appointed new counsel, and ordered further briefing and resubmission.
- The court directed new counsel to raise, at minimum, whether the conviction on two failure-to-stop counts violated merger principles, and to pursue any other issues revealed on a diligent record review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the two failure-to-stop counts merge under 2941.25 | Temaj-Felix argues merger is warranted. | Temaj-Felix contends merger should be considered on appeal. | Issue to be decided on briefings; not resolved here. |
| Whether appointing new counsel and Anders review affect the appeal | No substantive merits required; no error | Counsel must be appointed to argue potential merits | Court granted withdrawal, appointed new counsel, and ordered briefing. |
Key Cases Cited
- State v. Hundley, 2007-Ohio-3556 (1st Dist. 2007) (merger considerations for multiple convictions under R.C. 2941.25)
- State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061 (Ohio Supreme Court 2010) (merger standards and sentencing implications)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (duty to conduct full Anders review when counsel seeks withdrawal)
- State v. Williams, 183 Ohio App.3d 757, 2009-Ohio-4389 (1st Dist. 2009) (procedure for evaluating issues in Anders briefing)