Opinion

State v. Iacona, Unpublished Decision (3-15-2000)

Court
Ohio Court of Appeals
Filed
Mar 15, 2000
Status
Unpublished
On the bench
SLABY, Judge.
Cited by
0 cases

The opinion

Although I agree with the majority's disposition of Defendant's seventh assignment of error, I write separately to reaffirm my disagreement with this Court's conclusion that "plain error does not exist when concurrent sentences are imposed for crimes that constitute allied offenses of similar import." In State v. Martin (Feb. 9, 1999), Summit App. No. 18715, unreported, I wrote in dissent that, "regardless of whether the sentences are made to run concurrently, a [felon] has a substantial stake in each and every one of his convictions" due to the numerous adverse collateral consequences of a felony conviction. Accordingly, I continue to believe that the better reasoning supports finding plain error when a court imposes multiple sentences for allied offenses of similar import upon a defendant for a single criminal act. Because the crimes of involuntary manslaughter and endangering children for which Defendant was sentenced are not allied offenses of similar import, however, I concur with the majority's conclusion that Defendant's convictions were authorized by R.C. 2941.25 (A).

_______________________________ CARR, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.