State v. Yancey
2017 Ohio 1040
| Ohio Ct. App. | 2017Background
- Defendant Robert Stanley Yancey broke into an occupied apartment with a brick on Oct. 2, 2015, threatened the resident, and stole checks and personal items.
- Stolen checks were later used to obtain cash from banks.
- Indictment: Count 1 aggravated burglary (with prior/violent specs), Count 2 theft (lessee), Counts 3–4 theft (Woodforest Bank, U.S. Bank).
- Plea deal: Yancey pled guilty to Count 1 (spec deleted) and Counts 3 and 4; Count 2 was nolled.
- Trial court imposed consecutive terms: 10 years (aggravated burglary) + 1 year + 1 year, for a 12-year aggregate sentence; defense made no merger objection below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated burglary and the two theft counts are allied offenses requiring merger under R.C. 2941.25 | Prosecution: offenses are separate because they involved different victims and separate conduct | Yancey: offenses are allied — same animus and occurred at the same time | Court: No merger. Offenses were committed separately and involved separate victims; sentences may be consecutive |
Key Cases Cited
- State v. Ruff, 143 Ohio St.3d 114 (2015) (sets Ohio allied-offenses test; offenses involving separate victims are of dissimilar import)
- State v. Rogers, 143 Ohio St.3d 385 (2015) (discusses plain-error standard for unpreserved Crim.R. 52(B) claims)