State v. Jeffrey

Citations

• 2023 Ohio 817

Syllabus

Manifest weight double jeopardy allied offenses of similar import. Convictions for felonious assault, abduction, and domestic violence were not against the manifest weight of the evidence where a jury is permitted to believe, disbelieve, or accept part of the testimony of a particular witness. A review of the entire record disputes appellant's contention that the victim was a pathological liar who lied throughout her testimony. Furthermore, appellant's convictions for felonious assault, abduction, and domestic violence did not violate double jeopardy and were not allied offenses of similar import requiring one sentence. The record established that the crimes, with the exception of the two Counts of abduction, were committed separately, permitting the trial court to impose sentences for each. However, it was an error for the trial court to sentence appellant on each of two counts of abduction, which the trial court had properly merged. As allied offenses of similar import, the state should have been allowed to choose which count they wished to proceed on and the trial court should have sentenced appellant to only one count of abduction. Accordingly, the sentence is vacated as to Counts 3 and 4 and remanded for the state to elect which count it wishes for sentencing to proceed.