Must Trial Court's Finding That Two Crimes Are Not 'Allied Offenses' Be Reviewed Under Abuse of Discretion Standard?
Under Case Law Interpreting Ohio Multiple Count Statute
State of Ohio v. Jason Williams, Case no. 2011-0619
Eighth District Court of Appeals (Cuyahoga County)
ISSUE: Pursuant to the Supreme Court of Ohio’s holding in State v. Johnson (2010) that trial courts must consider the actual conduct of the defendant in determining whether two offenses committed by a defendant through the same actions are subject to merger as “allied offenses of similar import,” when a trial court rules that two crimes should not be merged, must a court of appeals affirm that ruling unless it finds that the trial court abused its discretion?