State v. Harris

2009 Ohio 3323, 911 N.E.2d 882, 122 Ohio St. 3d 373
CourtOhio Supreme Court
DecidedJuly 7, 2009
Docket2007-1812
StatusPublished
Cited by47 cases

This text of 2009 Ohio 3323 (State v. Harris) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Harris, 2009 Ohio 3323, 911 N.E.2d 882, 122 Ohio St. 3d 373 (Ohio 2009).

Opinions

Lundberg Stratton, J.

I. Introduction

{¶ 1} There are two issues before the court. The first is whether robbery under R.C. 2911.02(A)(2) and aggravated robbery under R.C. 2911.01(A)(1) are allied offenses of similar import. We are asked the same question with regard to felonious assault under R.C. 2903.11(A)(1) and felonious assault under R.C. 2903.11(A)(2). In both instances, we hold that the offenses are allied offenses of similar import, and therefore a defendant cannot be convicted of both offenses when both are committed with the same animus against the same victim. In this case, we hold that appellant, Cornelius Harris, was convicted on and sentenced for several counts of robbery and aggravated robbery and several counts of felonious assault that should have merged because the crimes were committed [374]*374with the same animus against the same victim. Accordingly, we reverse the judgment of the court of appeals.

II. Facts

{¶ 2} James Lawrence, Dwight Lawrence, and Demon Meatchem were smoking marijuana and playing dominos at James Lawrence’s apartment. Evander Kelly, a friend of the Lawrence brothers, and Harris decided to stop by James’s apartment. Kelly spoke to the dominos players while Harris went to the bathroom. When Harris returned from the bathroom, he was holding a gun. Harris struck Dwight Lawrence in the back of the head with the gun and ordered him, his brother James, and Meatchem to lie face down on the bed while he stole their money, cell phones, videos, and compact disks.

{¶ 3} Fearing that he was going to be shot, Meatchem charged Harris and knocked the gun out of his hands. Kelly picked up the gun and fired four rounds. The first round was aimed at James Lawrence, but it missed. The next three rounds were aimed at Meatchem and Dwight Lawrence, who were struggling with Harris. Two of the rounds struck Meatchem, and one struck Dwight Lawrence. Harris and Kelly then fled the apartment.

(¶ 4} A grand jury indicted Harris on three counts of aggravated robbery in violation of R.C. 2911.01(A)(1), three counts of robbery in violation of R.C. 2911.02(A)(2), three counts of felonious assault in violation of R.C. 2903.11(A)(2), and two counts of felonious assault in violation of R.C. 2903.11(A)(1). All counts contained firearm specifications as well.

{¶ 5} A jury found Harris guilty on all counts and all specifications. The court imposed prison terms for each offense and ordered that they be served consecutively. The court of appeals affirmed the judgment of the trial court.

{¶ 6} We accepted Harris’s discretionary appeal, in which he asserts that aggravated robbery and robbery are allied offenses of similar import and that a defendant cannot be convicted of both offenses if the charges originate from the same conduct. Harris also asserts that a defendant may not be convicted of two counts of felonious assault charged pursuant to R.C. 2903.11(A)(1) and 2903.11(A)(2) if both charges arise from the same conduct toward the same victim.

III. Analysis

A. R.C. 2U1.25

{¶ 7} Ohio’s multiple-count statute, R.C. 2941.25, provides:

{¶ 8} “(A) Where the same conduct by defendant can be construed to constitute two or more allied offenses of similar import, the indictment or information may [375]*375contain counts for all such offenses, but the defendant may be convicted of only one.

{¶ 9} “(B) Where the defendant’s conduct constitutes two or more offenses of dissimilar import, or where his conduct results in two or more offenses of the same or similar kind committed separately or with a separate animus as to each, the indictment or information may contain counts for all such offenses, and the defendant may be convicted of all of them.”

{¶ 10} This court has interpreted R.C. 2941.25 to involve a two-step analysis. “In the first step, the elements of the two crimes are compared. If the elements of the offenses correspond to such a degree that the commission of one crime will result in the commission of the other, the crimes are allied offenses of similar import and the court must then proceed to the second step. In the second step, the defendant’s conduct is reviewed to determine whether the defendant can be convicted of both offenses. If the court finds either that the crimes were committed separately or that there was a separate animus for each crime, the defendant may be convicted of both offenses.” (Emphasis sic.) State v. Blankenship (1988), 38 Ohio St.3d 116, 117, 526 N.E.2d 816.

{¶ 11} In State v. Rance (1999), 85 Ohio St.3d 632, 710 N.E.2d 699, paragraph one of the syllabus, we held that “[u]nder an R.C. 2941.25(A) analysis, the statutorily defined elements of offenses that are claimed to be of similar import are compared in the abstract.” (Emphasis sic.) We determined that, as opposed to considering elements within the context of the facts of each case, comparing the elements in the abstract “is the more functional test, producing ‘clear legal lines capable of application in particular cases.’ ” Id. at 636, 710 N.E.2d 699, quoting Kumho Tire Co., Ltd. v. Carmichael (1999), 526 U.S. 137, 148, 119 S.Ct. 1167, 143 L.Ed.2d 238.

{¶ 12} However, some courts interpreted Ranee to require a strict textual comparison of the elements of the compared offenses under R.C. 2941.25(A). State v. Cobrales, 118 Ohio St.3d 54, 2008-Ohio-1625, 886 N.E.2d 181, ¶ 21. We concluded that that interpretation “conflicts with legislative intent and causes inconsistent and absurd results.” Id. at ¶ 27. Thus, in Cóbrales we clarified Ranee and held that “in determining whether offenses are allied offenses of similar import under R.C. 2941.25(A), Ranee requires courts to compare the elements of offenses in the abstract, i.e., without considering the evidence in the case, but does not require an exact alignment of elements.” Id.

{¶ 13} Accordingly, in Cóbrales we held that even though the elements of possession of a controlled substance under R.C. 2925.11(A) and trafficking in a controlled substance under R.C. 2925.03(A)(2) (“knowingly * * * [pjrepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance”) did not exactly align, the crimes were, nevertheless, allied [376]*376offenses of similar import because trafficking in a controlled substance necessarily results in possession of the same controlled substance. Cobrales, 118 Ohio St.3d 54, 2008-Ohio-1625, 886 N.E.2d 181, ¶ 30.

{¶ 14} Having reviewed Cóbrales’s clarification of Ranee, we now examine the offenses at issue in this case.

B. Robbery and Aggravated Robbery

{¶ 15} Each count of robbery herein was charged under R.C.

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Bluebook (online)
2009 Ohio 3323, 911 N.E.2d 882, 122 Ohio St. 3d 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harris-ohio-2009.