State v. White, 2019 Ohio 3053

Tremayne White arranged a drug transaction; after the buyer entered White's car, a backseat passenger held a gun to the buyer’s neck while White demanded money. The buyer escaped to his girlfriend’s car and fled.
White pursued them through a residential neighborhood and fired approximately 8–10 shots at their car; no one was hit.
White was indicted on multiple charges, including attempted murder, felonious assault (two counts), aggravated robbery, improperly handling a firearm in a motor vehicle, and having weapons under disability; several charges carried firearm specifications.
White pleaded guilty to two counts of felonious assault with firearm specifications and to having weapons under disability; remaining counts were dismissed. He was sentenced to an aggregate 12-year term.
On appeal White argued (1) the having-weapons-under-disability conviction should have merged with the felonious-assault convictions under Ohio’s allied-offense statute, and (2) trial counsel was ineffective for failing to seek merger. The court reviewed for plain error on merger because White did not raise it below.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether having-weapons-under-disability must merge with felonious assault under R.C. 2941.25	White: possession was only for immediate self-defense (wrestled gun from victim), so offenses are allied	State: possession was a completed, separate act and felonious assault occurred later when he fired; separate harm and animus	Court: No merger; offenses not allied because completed at different times with separate animus and distinct harms
Whether plain error review applies to merger claim	White: claims merger despite failing to raise below	State: issue waived except for plain error	Court: Applied plain-error standard and found no error
Whether self-defense excuse applies to having-weapons-under-disability	White: ownership aside, he had right to possess weapon when defending against deadly threat	State: facts do not show he acted only in self-defense; he chased and shot at victims after they fled	Court: Self-defense inapplicable given pursuit and repeated shooting; White’s guilty plea contained no self-defense claim
Whether counsel was ineffective for not moving to merge	White: counsel should have raised merger at sentencing	State: merger not required, so counsel not deficient; guilty plea waives most ineffective-assistance claims	Court: Counsel not ineffective; no prejudice shown and plea waived related claims

State v. Ruff, 143 Ohio St.3d 114 (allied-offense analysis depends on defendant's conduct and separate-harm tests)
Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard: deficient performance and prejudice)
State v. Hardy, 60 Ohio App.2d 325 (narrow self-defense exception for persons otherwise under disability)