State v. Pendergrass

Citations

• 2017 Ohio 2752

Syllabus

Ineffective assistance of counsel plea agreement motion to disqualify counsel allied offenses consecutive sentences R.C. 2929.14 court costs indigent. The trial court did not abuse its discretion when it denied the defendant's motion to disqualify counsel where the court considered the request at length and found the request untimely and not supported by good cause. The trial court did not err in failing to merge the defendant's kidnapping offense with his other offenses. Reviewing for plain error, we find the defendant failed to demonstrate a reasonable probability that his kidnapping offense would have merged with his other offenses. We cannot find the record clearly and convincingly does not support consecutive sentences under R.C. 2929.14(C)(4). The trial court did not abuse its discretion when it imposed court costs regardless of the defendant's indigency.