State v. Corcoran

Citations

• 2017 Ohio 7084

Syllabus

CRIM.R. 11 - R.C. 2941.25 - SENTENCING: The trial court's failure at the plea hearing to inform the defendant that she was ineligible for community control as required by Crim.R. 11(C)(2)(a) did not amount to prejudicial error where the trial court informed the defendant of the maximum penalties for the offenses, including ten years to life in prison for the more serious first-degree rape charges, and the plea form that the defendant initialed and signed indicated that five of the counts carried mandatory prison terms. The defendant's convictions for child endangering under R.C. 2919.22(B)(2), corrupting another with drugs, and complicity to rape were not allied offenses of similar import subject to merger under R.C. 2941.25, even though the bill of particulars stated that the child-endangering offense was based upon the repeated sexual assault of the defendant's child by a codefendant, because the material provided to the trial court at sentencing demonstrated that the offenses were committed separately: the defendant's actions in facilitating the sexual assault of her child extended beyond the multiple rape offenses, and included instances of masturbation, and other touching, as well as videotaping and photographing assaults, which demonstrate torture or cruel abuse of the victim as those terms are used in the child-endangering statute, even without the defendant's conduct in permitting her codefendant to rape her child.