State v. Daniels

Citations

• 2020 Ohio 1496

Syllabus

Drug possession drug trafficking having a weapon while under disability Crim.R. 11 allied offenses merge. During the plea colloquy, the trial court informed appellant of the rights appellant was giving up by entering a plea, and appellant stated on the record that he understood his rights and that he also understood he was giving up his rights by entering a plea. The trial court strictly complied with the requirements of Crim.R. 11(C)(2)(c) regarding appellant's waiver of his constitutional rights. Appellant was informed of each charge he was pleading guilty to, the felony levels, and the penalties for each offense appellant also stated on the record that he understood everything. The trial court, by statute, was not required to inform appellant of the actual elements of the charged offenses. The trial court substantially complied with the requirements of Crim.R. 11(C)(2)(a). Despite the fact that appellant possessed two different drugs, mixed in the same bag, appellant's convictions do not merge. The heroin and fentanyl are different schedule drugs, and they pose separate and identifiable harms. The offenses do not merge as allied offenses.