Failure to merge allied offenses was plain error

June 28, 2011

The Tenth District Court of Appeals of Franklin County reversed sentences for robbery and theft convictions because the trial court committed plain error when it failed to merge them for purposes of sentencing. The Court of Appeals applied State v. Johnson, 2010-Ohio-6314 and determined that the defendant could commit the robberies and thefts with the same conduct. And since the robberies and thefts were committed with a single act with a single animus (state of mind), they were allied offenses of similar import that should have been merged. Read the decision here.

If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.