State v. Frost

Citations

• 165 N.E.3d 351
• 2020 Ohio 6920

Syllabus

CRIMINAL LAW - Engaging in a Pattern of Corrupt Activity R.C. 2923.01 and R.C. 2923.32 Aggravated Theft R.C. 2913.02 Passing Bad Checks R.C. 2913.11 Attempted Bribery R.C. 2923.02 and R.C. 2921.02 de novo review of merger trial court did not err by not merging aggravated theft and passing bad checks despite the indictment listing the same broad timeframe for both offenses because appellant admitted that the two events, a wire transfer and passing a bad check, occurred 10 days apart and thus were committed separately merger is a sentencing issue the court may consider the sentencing memorandum before sentencing a RICO offense does not merge with its predicate offenses for purposes of sentencing trial court did not err in imposition of consecutive sentences trial court could consider the multiple acts for purposes of consecutive sentencing even though multiple acts is an element the RICO offense itself, indeed, the court is required to affirmed.