State v. Kidwell

Citations

• 2020 Ohio 4806

Syllabus

ALLIED OFFENSES – R.C. 2941.25 – DRUGS – SENTENCING: The trial court did not err in sentencing defendant to concurrent prison terms where the sentences fell within the available sentencing ranges for the offenses and were not contrary to law, in the absence of an affirmative demonstration to the contrary by defendant, the trial court's consideration of the statutory factors of R.C. 2929.11 and 2929.12 is presumed. Defendant's convictions for aggravated trafficking in drugs (tetrahydrocannabinol), trafficking in marihuana, and trafficking in hashish were not allied offenses of similar import, even though he possessed the three drugs at the same time, because multiple convictions relating to different controlled substances are not allied offenses of similar import and are not subject to merger.