State v. Delgadillo-Banuelos

Citations

• 2019 Ohio 4174

Syllabus

Trial court did not commit plain error to merge two counts of trafficking in heroin where facts presented indicate law enforcement's recovery on the same date of differing quantities of the same type of illegal substance at different locations R.C. 2941.25 permits a conviction and sentences for each of the offenses. Given conclusion that offenses were not allied, trial counsel's failure to argue merger at sentencing did not constitute ineffective assistance of counsel. Trial counsel not ineffective in failing to file affidavit of indigency alleging defendant was unable to pay mandatory fines set forth in R.C. 2929.18(B)(1) for felony drug offenses where there was no reasonable probability trial court would have found defendant indigent and unable to pay fines had affidavit been filed.