State v. Crossley

Citations

• 2020 Ohio 6639

Syllabus

Appellant's trial counsel was ineffective for failing to object to the trial court's decision not to merge the offenses of carrying a concealed weapon and improperly handling firearms in a motor vehicle. Based on the facts and circumstances of this case, those offenses were allied offenses of similar import that should have been merged under R.C. 2941.25. Because this is a reopened appeal, we also find that appellant's prior appellate counsel was ineffective for not raising the merger/ineffective assistance issue on appeal. Therefore, appellant's judgment of conviction for carrying a concealed weapon and improperly handling firearms in a motor vehicle is reversed the matter is remanded for the State to elect which of the offenses to pursue at sentencing and for the trial court to resentence Crossley accordingly.