State v. Jackson

Citations

• 2025 Ohio 369

Syllabus

Allied offenses of similar import; merger; ineffective assistance of counsel. The trial court appropriately refused to merge offenses where the conduct established that the crimes were committed separately and with separate animus. Trial court appropriately considered the required factors to impose maximum consecutive sentences. The maximum sentences were within the statutory range and were therefore not contrary to law. Additionally, the trial court made the appropriate findings to impose consecutive sentences. Appellant failed to establish he received ineffective assistance of counsel when counsel failed to request a competency evaluation based on a probate court finding of guardianship. The standard for competency to stand trial is different from competency determinations in probate court. Where there is no evidence in the record that the appellant was incapable of understanding the proceedings or that he could not assist in his defense, counsel did not err in failing to request a competency hearing. Appellant failed to establish he received ineffective assistance of counsel when his new lawyer represented him at a plea hearing without having obtained all of the discovery. Nevertheless, after a guilty plea appellant waived any claim of ineffective assistance unless he established that his counsel's errors rendered his plea infirm. Appellant failed to meet that requirement.