State v. Armbruster

Citations

• 2024 Ohio 2763

Syllabus

Appellant's convictions did not merge, as there were two separate victims. Offenses do not merge when the defendant's conduct constitutes offenses involving separate victims or if the harm that results is separate and identifiable. Appellant's convictions for felonious assault and the peace-officer specifications are supported by sufficient evidence and are not against the manifest weight of the evidence. In addition, the jury verdict forms comply with R.C. 2945.75(A)(2) where the verdict forms set forth the element that transforms each count of felonious assault from a second-degree felony to a first-degree felony. Namely, that appellant discharged a firearm at a peace officer while committing the offense of felonious assault. WITH Dissenting Opinion.