State v. Ferguson

Citations

• 2018 Ohio 987
• 108 N.E.3d 1161

Syllabus

Although there was evidence presented at trial and information contained in the presentence investigation which could support an inference that defendant had a form of mental illness at some point, there was no evidence to suggest that any such illness called into question his competence to stand trial or his sanity at the time of the offense. Defendant was not denied the effective assistance of counsel, and the trial court did not abuse its discretion or commit plain error in failing to order mental health testing on its own initiative. Under the facts of this case, counts of rape and kidnapping were properly merged as allied offenses of similar import. Judgment affirmed. (Welbaum, P. J., concurring.)