State v. Yeldell, 2013 Ohio 1918

Defendant-Appellant Arrie D. Yeldell was convicted after a jury trial of Attempted Rape (by force), Kidnapping (sexual activity), and Assault; Attempted Rape and Kidnapping were merged as allied offenses and sentencing occurred under Kidnapping.
The trial court sentenced four years for Kidnapping and six months for Assault, with sentences running concurrently.
Appellate counsel filed an Anders brief; Yeldell filed a pro se brief raising three assignments of error; the State did not file a brief.
The court conducted an independent Anders review and found no non-frivolous issues for appeal.
The court affirmed the judgment of the trial court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Double jeopardy arising from allied offenses	Yeldell argues duplication of punishment for Attempted Rape and Kidnapping	Yeldell asserts the two offenses are the same conduct	No double jeopardy violation; allied offenses merged and only one sentence imposed
Subject matter jurisdiction and charging under a civil statute	Yeldell claims lack of jurisdiction due to failure to allege an offense	Record shows jurisdiction; statute cited is civil (R.C. 2305.01) and inapplicable	No jurisdictional defect; R.C. 2305.01 not applicable to criminal case
Ineffective assistance of counsel for evidentiary objections	Counsel failed to object to multiple, allegedly inconsistent State witness testimonies	Record shows no basis to object; State's witnesses properly disclosed under Crim.R. 16	No deficient performance; no prejudice shown; Anders review supports affirmance

State v. Sturgell, 2d Dist. Darke No. 1751, 2009-Ohio-5628 (Ohio 2d Dist. 2009) (Double jeopardy principles and allied offenses conduct)
State v. Ayers, 2d Dist. Montgomery No. 25208, 2012-Ohio-6038 (Ohio 2d Dist. 2012) (Allied offenses of similar import; single conviction/sentencing rule)
State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923 (Ohio 2010) (Statutory framework for allied offenses and jeopardy)