State v. Dean

Citations

• 2018 Ohio 1317
• 110 N.E.3d 739

Syllabus

Appellant's trial counsel did not provide ineffective assistance in failing to raise the issue of Appellant's competency to stand trial, as there is no indication in the record that Appellant did not understand the court proceedings or that Appellant could not assist in his defense. In addition, the trial court did not improperly admit evidence of other acts in violation of Evid.R. 404(B), as the evidence in question was not used to prove Appellant's character or to show action in conformity therewith, and the evidence was not unfairly prejudicial. Furthermore, Appellant's convictions for assault, resisting arrest, and felonious assault are not allied offenses that merge at sentencing, as the offenses were committed by separate conduct that caused separate, identifiable harm. Lastly, Appellant's legal fees and expenses were not improperly taxed as court costs, and before imposing a financial sanction, the trial court properly considered Appellant's present and future ability to pay the sanction as required by R.C. 2929.19(B)(5). Affirmed. (Donovan, J., concurring in part and dissenting in part.)