State v. Howse

Citations

• 2020 Ohio 916

Syllabus

Mental health and developmental disabilities docket Loc.R. 30.1 ineffective assistance of counsel allied offenses of similar import aggravated robbery R.C. 2911.01(A)(1) aggravated burglary R.C. 2911.11(A)(2). The trial court did not abuse its discretion when it did not transfer defendant's case to the mental health and developmental disabilities docket because the court did not know of defendant's borderline IQ until after arraignment. Therefore, under Loc.R. 30.1, it was within the trial court's discretion to keep defendant's case after determining that defendant was competent, despite defendant's borderline IQ. Trial counsel was not ineffective for failing to emphasize defendant's mental health issues because counsel requested that defendant be evaluated by the court's psychiatric clinic and discussed the results of the report on the record. Howse's aggravated burglary and aggravated robbery offenses did not merge for purposes of sentencing because they were committed separately.