State v. Bailey

Citations

• 2021 Ohio 3664

Syllabus

SENTENCING – R.C. 2941.25 – ALLIED OFFENSES – COUNSEL – MAXIMUM SENTENCES – CONSECUTIVE SENTENCES: The trial court erred in imposing separate sentences for the offenses of kidnapping and rape where the offenses were allied offenses of similar import, the offenses were not committed separately, and the offenses were not committed with a separate animus or motivation. Defense counsel was not ineffective for failing to have defendant testify in his own defense where trial counsel used the legitimate trial strategy of undermining the victim's testimony by cross-examination and where defendant failed to demonstrate how the outcome of the trial would have been different had counsel employed another strategy. The trial court's imposition of maximum, consecutive sentences was not improper where the trial court's findings were supported by the record, the sentences fell within the allowed statutory guidelines, and the sentences were not contrary to law.