State v. Jarrett

Citations

• 2020 Ohio 393

Syllabus

Appellant's offenses of trafficking in cocaine and possession of criminal tools were committed with separate conduct, and therefore he was not entitled to their merger at sentencing. Ineffective assistance of counsel is not demonstrated in defense counsel's failure to request merger. The record supports the trial court's finding that, based on appellant's criminal history, consecutive sentences were necessary to protect the public from future harm. The court found in its judgment entry of conviction that appellant had committed one or more offenses while awaiting trial or sentencing, while under a community control sanction, or while under post-release control, but it did not state this finding orally at the sentencing hearing any error in this respect was harmless. Judgment affirmed.