State v. Wohl
2017 Ohio 4367
Ohio Ct. App.2017Background
- Defendant Camron Wohl (age 27) was indicted for three counts of rape, aggravated robbery, and kidnapping based on conduct on May 31, 2016 involving a 73-year-old victim.
- Allegations: forced entry, held victim at knifepoint, stole pain medication, digitally, vaginally, and anally raped her, poured bleach on her head, and tied her to a bookshelf.
- Wohl pled guilty to three counts of rape, one count of burglary (R.C. 2911.12(A)(1)), and one count of kidnapping on August 22, 2016.
- The trial court sentenced Wohl to an aggregate 35-year prison term on November 10, 2016.
- On appeal, Wohl argued the burglary and the three rape convictions were allied offenses of similar import and therefore should have merged for sentencing.
- The Twelfth District Court of Appeals affirmed, rejecting plain-error merger review and upholding separate sentences for each rape and the burglary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether burglary and three rape convictions are allied offenses under R.C. 2941.25 | State: offenses were properly sentenced separately because the record shows distinct harms and separate acts | Wohl: burglary and the three rapes are allied offenses of similar import and should merge for sentencing | Court: Affirmed — offenses do not merge because burglary was completed prior to separate sexual acts, and each sexual act caused separate, identifiable harm |
| Whether forfeiture/plain-error standard applies | State: defendant forfeited merger claim by not raising it below; plain-error review applies | Wohl: contends merger should be recognized despite forfeiture | Court: Forfeiture applies; plain-error review governs, and no plain error occurred |
Key Cases Cited
- State v. Williams, 148 Ohio St.3d 403 (addresses forfeiture and plain-error review for allied-offense claims)
- State v. Ruff, 143 Ohio St.3d 114 (clarifies Ruff test: evaluate conduct, animus, and import for allied-offense analysis)
- State v. Johnson, 128 Ohio St.3d 153 (discusses earlier two-part allied-offense test referenced in precedent)
- State v. Jackson, 149 Ohio St.3d 55 (addresses when burglary is complete relative to subsequent conduct)
- State v. Barnes, 94 Ohio St.3d 21 (describes plain-error standard under Crim.R. 52(B))