State v. Miller

Citations

• 2018 Ohio 2127

Syllabus

Allied offenses of similar import R.C. 2941.25 separate victims robbery R.C. 2911.02(A)(2) theft R.C. 2913.02(A)(1) sentencing package doctrine court costs. The trial court did not err when it denied defendant's request to merge his two robbery convictions because there were two victims. Although defendant argued that there was only one victim, the bank who lost money in the robbery, the defendant threatened two bank tellers with his note that stated, \follow my directions and no one will get hurt.\ Although the bank was the victim of the theft offense (which the trial court did merge into the robbery convictions), the bank was not the victim of the robbery offense. Robbery is an offense against persons, while theft is an offense against property. The trial court did not violate the sentencing package doctrine because it imposed six years on each robbery offense. The trial court did not err when it imposed court costs on the defendant because there was nothing in the record to indicate that defendant, despite his indigency, could not pay his court costs.