Do Receiving Stolen Property Offenses Against Two Different Victims Merge for Sentencing?
State of Ohio v. Frank Rogers Jr., Case nos. 2013-1255 and 2013-1501
Eighth District Court of Appeals (Cuyahoga County)
Note: The Supreme Court determined that a conflict exists between the conclusions of two different panels of judges on the Eighth District in State v. Rogers and cases from the Sixth District Court of Appeals and the Ninth District Court of Appeals. The Supreme Court ordered that the certified-conflict case (2013-1255) filed by the appellant/cross-appellee be consolidated with the certified-conflict case (2013-1501) filed by the appellee/cross appellant for oral argument.
Are receiving stolen property counts with different victims allied offenses with similar import?
Does a trial court commit plain error when it fails to determine if allied offenses of similar import should merge at sentencing?
When a defendant pleads guilty to multiple offenses and does not object to separate sentences, can the defendant make an allied offenses argument on appeal?
Does a defendant waive his double jeopardy rights at a sentencing hearing when allied offenses are not discussed?