State v. Brown

895 N.E.2d 149, 119 Ohio St. 3d 447
Ohio Supreme Court·Decided September 17, 2008·No. No. 2007-0184·Published·Cited by 413 cases

Opinions

O’Donnell, J.

{¶ 1} We are again called upon to revisit our 1999 decision in State v. Rance (1999), 85 Ohio St.3d 632, 710 N.E.2d 699, and to clarify whether pursuant to-its holding and R.C. 2941.25, a defendant may be convicted and sentenced for two separate crimes arising out of two forms of the same offense based on a single criminal act — here, aggravated assault for stabbing one victim, one time.

{¶ 2} Because R.C. 2903.12(A)(1) and (A)(2) set forth two means of committing the same offense both of which serve the same purpose — preventing physical harm to persons — we conclude that the General Assembly did not intend them to be separately punishable when the offenses result from a single act undertaken with a single animus. Therefore, separate convictions for aggravated assault in violation of R.C. 2903.12(A)(1) and (A)(2) are allied offenses of similar import when committed with a single animus. In this instance, Brown’s two aggravated-assault convictions arise out of a single act — one stab wound to one victim; they are therefore committed with a single animus and are allied offenses of similar import, and she may be convicted of and sentenced for only one. The proper disposition of these offenses requires the trial court to merge one offense into the other for purposes of conviction and sentencing, as opposed to arbitrarily vacating one of the convictions. Accordingly, we remand the matter to the trial court with instructions to merge Brown’s convictions and resentence her in accordance with our opinion.

Facts and Procedural History

{¶ 3} On April 4, 2005, defendant-appellee and cross-appellant, Jakeena Brown, and Kevin Johnson, her live-in boyfriend, got into an argument. After Johnson damaged Brown’s truck by ripping the temporary tag off and feeding it to the dog, damaging the bumper, and breaking a window, Brown stabbed Johnson once in the abdomen with a serrated steak knife.

{¶ 4} The Cuyahoga County Grand Jury indicted Brown on two counts of felonious assault and one count of domestic violence, and the matter proceeded to a jury trial. At the close of evidence, the trial court instructed the jury on the two counts of felonious assault, the corresponding lesser included offenses of aggravated assault, and the single count of domestic violence. The jury acquitted Brown of two counts of felonious assault, but found her guilty of both counts of aggravated assault as well as the domestic-violence count.

[449] {¶ 5} The trial court sentenced Brown to two years of community control for the aggravated-assault convictions. It also sentenced Brown to a six-month term in the county jail for the domestic-violence conviction. However, the court suspended the execution of the domestic-violence sentence and placed Brown on two years’ probation to run concurrently with her community-control sentence for the aggravated assaults.

{¶ 6} Brown appealed the convictions to the Eighth District Court of Appeals arguing, inter alia, that her aggravated-assault convictions were allied offenses of similar import that the trial court should have merged into a single conviction and sentence. State v. Brown, Cuyahoga App. No. 87651, 2006-Ohio-6267, 2006 WL 3446238. The court found that the allied-offense analysis applies only to eases in which the defendant’s conduct could be construed as constituting two or more offenses. Brown committed only one act of aggravated assault. Thus, her conviction on two counts violated double jeopardy. Id. at ¶ 50-51. Therefore, the court reversed the trial court’s judgment with regard to the aggravated-assault convictions and remanded the matter to the trial court with instructions to vacate both the finding of guilt and the sentence for one of the aggravated-assault convictions. Id. at ¶ 51.

{¶ 7} We accepted jurisdiction over propositions of law I and II of the state’s appeal and proposition VI of Brown’s cross-appeal on the constitutionality of the domestic-violence statute, held Brown’s proposition for State v. Carswell, Warren App. No. CA2005-04-047, 2005-Ohio-6547, 2005 WL 3358882, and stayed the briefing schedule. State v. Brown, 114 Ohio St.3d 1409, 2007-Ohio-2632, 867 N.E.2d 843. On July 25, 2007, we announced our decision in Carswell, upholding the constitutionality of R.C. 2919.25. State v. Carswell, 114 Ohio St.3d 210, 2007-Ohio-3723, 871 N.E.2d 547. On October 4, 2007, we ordered the parties to brief the state’s propositions of law. State v. Brown, 115 Ohio St.3d 1424, 2007-Ohio-5264, 874 N.E.2d 540. In her brief, Brown conceded that if this court followed its recent decision in Carswell, it would reject the sole proposition of law advanced in her cross-appeal. Hence, we do not further address that proposition.

Arguments of the Parties

{¶ 8} The state asserts that pursuant to the test set forth in State v. Rance, 85 Ohio St.3d 632, 710 N.E.2d 699, Brown’s two convictions for aggravated assault do not constitute allied offenses of similar import because an abstract comparison of the alternate theories of aggravated assault set forth in R.C. 2903.12(A)(1) and (A)(2) reveals that the commission of one does not necessarily result in commission of the other. Therefore, the state argues that R.C. 2941.25, the multiple-count statute, permits Brown to be punished cumulatively. Alternatively, the state contends that if Brown’s offenses do constitute allied offenses of similar [450] import, the proper remedy is merger of the offenses into a single conviction and sentence rather than the arbitrary dismissal of one of the charges.

{¶ 9} In contrast, Brown argues that by placing several means of committing aggravated assault into a single Revised Code section, the legislature demonstrated its intent that those alternate means constitute allied offenses of similar import, even though they may not technically satisfy the elemental Ranee test. Brown further contends that the state’s attempt to distinguish merger from dismissal of one of the counts amounts to a distinction without a difference because, with either method, the end result is a single conviction and sentence.

Allied Offenses of Similar Import and Legislative Intent

{¶ 10} The Double Jeopardy Clause of the United States Constitution prohibits (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense. United States v. Halper (1989), 490 U.S. 435, 440, 109 S.Ct. 1892, 104 L.Ed.2d 487, citing North Carolina v. Pearce (1969), 395 U.S. 711, 717, 89 S.Ct. 2072, 23 L.Ed.2d 656. These double-jeopardy protections apply to the states through the Fourteenth Amendment. Benton v. Maryland (1969), 395 U.S. 784, 786, 89 S.Ct. 2056, 23 L.Ed.2d 707; State v. Tolbert (1991), 60 Ohio St.3d 89, 90, 573 N.E.2d 617. Additionally, Section 10, Article I of the Ohio Constitution provides, “No person shall be twice put in jeopardy for the same offense.”

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Brown, 895 N.E.2d 149, 119 Ohio St. 3d 447 (Ohio 2008).

895 N.E.2d 149 (State v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Ramunas
2022 Ohio 4199 (Ohio Supreme Court, 2022)
In re D.K.
2020 Ohio 4156 (Ohio Court of Appeals, 2020)
State v. Figueroa
2020 Ohio 1328 (Ohio Court of Appeals, 2020)
State v. Doak
2020 Ohio 66 (Ohio Court of Appeals, 2020)
State v. Thundercloud
2019 Ohio 2471 (Ohio Court of Appeals, 2019)
State v. Tisdale
2019 Ohio 73 (Ohio Court of Appeals, 2019)
United States v. Le' Ardrus Burris
912 F.3d 386 (Sixth Circuit, 2019)
State v. Pendleton
2018 Ohio 3199 (Ohio Court of Appeals, 2018)
Parma Hts. v. Owca
2017 Ohio 179 (Ohio Court of Appeals, 2017)
State v. Howard
2014 Ohio 3373 (Ohio Court of Appeals, 2014)
State v. Andrews
2014 Ohio 2954 (Ohio Court of Appeals, 2014)
State v. Hurley
2014 Ohio 2716 (Ohio Court of Appeals, 2014)
State v. Thomas
2014 Ohio 2666 (Ohio Court of Appeals, 2014)
State v. Staples
2014 Ohio 2556 (Ohio Court of Appeals, 2014)
State v. Chidester
2014 Ohio 1597 (Ohio Court of Appeals, 2014)
State v. Boysel
2014 Ohio 1272 (Ohio Court of Appeals, 2014)
State v. Dunham
2014 Ohio 1042 (Ohio Court of Appeals, 2014)
State v. Grissom
2014 Ohio 857 (Ohio Court of Appeals, 2014)
State v. Woolum
2013 Ohio 5611 (Ohio Court of Appeals, 2013)
State v. Trimble
2013 Ohio 5094 (Ohio Court of Appeals, 2013)