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State v. Robinson

Court of Appeals of Ohio, Sixth District

July 5, 2013

State of Ohio Appellee
v.
Lawrence D. Robinson Appellant

Trial Court No. CRI 38523

Russell V. Leffler, Huron County Prosecuting Attorney, for appellee.

Lawrence Dean Robinson, pro se.

DECISION AND JUDGMENT

YARBROUGH, J.

I. Introduction

{¶ 1} Appellant, Lawrence Robinson, appeals from the judgment of the Huron County Court of Common Pleas, denying his motion for resentencing, in which he argued that his prior convictions for felony murder and premeditated murder should have merged as allied offenses of similar import. We affirm.

A. Facts and Procedural Background

{¶ 2} On April 6, 1973, Robinson shot and killed Alice Wamack after robbing her at gunpoint. He was subsequently tried and convicted of one count of felony murder and one count of premeditated murder. He was sentenced to two consecutive life terms, but his convictions were overturned on appeal and the case was remanded for a new trial. Following retrial, Robinson was again convicted on both counts. On August 15, 1975, he was ordered to serve two consecutive life sentences.

{¶ 3} Robinson appealed his convictions, arguing, inter alia, that the trial court erred in sentencing him to consecutive life sentences. This court affirmed his convictions on December 3, 1976. Since then, Robinson has filed numerous petitions for postconviction relief and appeals with this court.

{¶ 4} On September 18, 2012, Robinson filed a motion for resentencing with the trial court. In his motion, he argued that the trial court's imposition of consecutive life sentences for felony murder and premeditated murder violated his constitutional rights under the double jeopardy clause. His argument was based on a retroactive application of the Ohio Supreme Court's decision in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, which modified the allied offenses analysis under R.C. 2941.25. The trial court summarily denied Robinson's motion on October 5, 2012. Robinson has timely appealed the trial court's denial of his motion for resentencing.

B. Assignment of Error

{¶ 5} In his appeal, Robinson assigns the following error for our review:

THE TRIAL COURT ERRED IN FINDING APPELLANT'S MOTION FOR RE-SENTENCING NOT WELL-TAKEN, CONFIRMING ITS STATUTORILY UNAUTHORIZED SENTENCE OF MULTIPLE CONVICTIONS FOR ALLIED OFFENSES, [AND] VIOLATING THE ...

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