State v. Shepard

Citations

• 2021 Ohio 964

Syllabus

EVID.R. 404(B) – ALLIED OFFENSES – R.C. 2941.25 – R.C. 2929.14(B)(1)(g) – ROBBERY – SENTENCING – COUNSEL –INEFFECTIVE ASSISTANCE: Where evidence of other robberies committed by defendant was probative to establishing defendant's identity as the perpetrator of the charged offenses, which was a material issue in dispute, the trial court did not err in determining that the probative value of the evidence outweighed any prejudicial effect and in admitting the evidence under Evid.R. 404(B). Where the evidence established that the restraint of the victim was prolonged and was not merely incidental to the act constituting the offense of felonious assault, the trial court did not err in failing to merge defendant's convictions for kidnapping and felonious assault. The trial court did not err in failing to merge defendant's convictions for aggravated burglary and aggravated murder where the two offenses were committed separately the aggravated burglary was complete when defendant entered the victim's garage with the intent to steal drugs and money, whereas the aggravated murder was separately committed when defendant later purposely opened the victim's car door and shot the victim. The trial court properly imposed sentences on multiple firearm specifications pursuant to R.C. 2929.14(B)(1)(g). Defense counsel was not ineffective for failing to engage an expert to testify regarding the unreliability of the state's cooperating witnesses.