State v. Cammack

Citations

• 2020 Ohio 2942

Syllabus

R.C. 2941.25, allied offenses, R.C. 2923.42, criminal gang activity, R.C. 2925.03, drug trafficking offenses, R.C. 2923.24, possession of criminal tools, R.C. 2923.23, having a weapon while under disability, R.C. 2929.14, consecutive sentences, R.C. 2929.12, sentence mitigation factors. Appellant's guilty plea and conviction for engaging in criminal gang activity did not merge with appellant's pleas and convictions for drug trafficking, possession of criminal tools, and having a weapon while under disability. The criminal gang activity indictment covered a range of criminal gang activities over almost a two- year period. The drug-related charges arose from a sting operation that began late in the second year of the gang unit investigations based on information that appellant, reportedly a high-ranking gang member, was selling drugs. Appellant admittedly engaged in drug sales as a means of personal income. The drug transactions were committed separately and resulted in separate identifiable harm. Absent demonstrating a reasonable probability that the convictions were for allied offenses of similar import committed with the same conduct and without a separate animus, appellant cannot show plain error in this case. The record supports the trial court's lawful imposition of consecutive sentences including the trial court's due consideration of mitigating factors.