State v. Franklin

Citations

• 2019 Ohio 3760

Syllabus

Due process juvenile bindover transfer amenability hearing mandatory ineffective assistance counsel allied offense merger dissimilar import consecutive sentence purposes and principles felony sentence findings consider recidivism seriousness subjective factors clear and convincing deferential. Defendant's transfer to the general division was not in violation of the Ohio Revised Code. Defendant's convictions were not allied offenses of similar import because they were committed against separate victims. Counsel was not ineffective for failing to raise an allied offense argument. The trial court made the necessary findings for imposing consecutive sentences. The trial court imposed individual prison terms within the applicable statutory ranges and carefully considered the relevant factors set forth under R.C. 2929.11 and 2929.12. Defendant's sentence is clearly and convincingly supported by the record. R.C. 2929.11 and 2929.12 do not violate the due process clause of the United States Constitution.