State v. Williams, 2012 Ohio 3211

Williams was indicted for psilocybin trafficking, aggravated possession of psilocybin, two counts of possession of LSD and marijuana, and possession of drug paraphernalia.
A jury convicted on all counts except marijuana, which was tried to the bench and found guilty by the court.
The trial court imposed an aggregate six-year prison term.
Appellant timely appealed raising three assignments of error.
The Fifth District affirmed in part, reversed in part, and remanded for HB 86 resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by imposing multiple allied offenses of similar import.	Williams argued trafficking and possession were allied.	Williams argued merger was required under Johnson.	No merger; offenses not allied.
Whether the trial court erred by imposing consecutive sentences without proper judicial findings.	State argues HB 86 findings were implicit.	Williams contends HB 86 requirements were not satisfied.	Consecutive sentences must be resentenced under HB 86.
Whether Williams was denied effective assistance of counsel.	State contends no prejudice from counsel's challenged conduct.	Williams claims ineffective assistance for not challenging Johnson analysis and consecutive sentences.	No prejudice; claim denied.

State v. Cabrales, 118 Ohio St.3d 54 (2008-Ohio-1625) (possession vs. trafficking not allied offenses of similar import)
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (guide to allied offenses of similar import under 2941.25(A))
State v. Comer, 99 Ohio St.3d 463 (2003-Ohio-4165) (consecutive sentences require statutorily enumerated findings and reasons)
State v. Brown, 119 Ohio St.3d 447 (2008-Ohio-4569) (single act, single state of mind; allied offenses analysis)
State v. Blankenship, 38 Ohio St.3d 119 (1980-Ohio-119) (interpretation of allied offenses may rely on conduct overlap)