Friday, July 26, 2013

Failing to merge felonious assault with discharging a firearm was not plain error (7 26 13)

The Second District Court of Appeals decided today that the defendant failed to demonstrate plain error on appeal when it came to the trial court’s decision not to merge felonious assault convictions with discharging a firearm convictions. The defendant, Dominique Woodum appealed after his guilty plea and sentence to an agreed five year term. His Dayton Defense Lawyer on appeal argued that some charges the above mentioned convictions should have been merged. But there was not enough in the record for the appellate judges to make a finding of plain error. But there was no need to remand the matter either. State v. Woodum, 2013-Ohio-3287.

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