State v. Swartz

Citations

• 2020 Ohio 5037

Syllabus

Appellant appeals his convictions after entering no-contest pleas to one count of rape and two counts of sexual battery. The trial court did not err by finding appellant competent to stand trial based on an uncontested mental competency evaluation. The court also did not err by merging only one sexual battery offense with appellant's rape conviction although the second sexual battery offense involved the same victim, the sexual acts charged occurred on different dates, involved separate instances with separate animus, and resulted in separate harm to the victim. Finally, appellant was not denied the effective assistance of counsel due to his trial attorney's failure to pursue a meritless merger argument or to request that court costs be waived. Judgment affirmed.