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State v. Legg

Court of Appeals of Ohio, Ninth District

September 11, 2013

STATE OF OHIO Appellee
v.
RONALD S. LEGG Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 12 03 0632 (A)

STEPHEN A. GOLDMEIER, Assistant State Public Defender, for Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

CARR, Judge.

(¶1} Appellant, Ronald Legg, appeals the judgment of the Summit County Court of Common Pleas. This Court reverses and remands.

I.

(¶2} This matter arises out of the murder of baby Patrick Lerch.

(¶3} On March 19, 2012, the Summit County Grand Jury indicted Legg and three co-defendants on one count of illegal manufacture of drugs, one count of illegal assembly or possession of chemicals for the manufacture of drugs, one count of aggravated possession of drugs, and one count of illegal use or possession of drug paraphernalia. On April 5, 2012, the Grand Jury returned a supplemental indictment charging Legg with numerous additional felonies, including murder and endangering children. The supplemental indictment also charged Legg's co-defendants with additional offenses.

(¶4} After initially pleading not guilty to the offenses, Legg appeared for a change of plea hearing on September 21, 2012. Legg pleaded guilty to one count of endangering children, one count of murder, and one count of illegal manufacture of drugs. The remaining counts in the indictments were dismissed. Legg also pleaded guilty to violating the terms of community control in two prior cases. The trial court conducted a sentencing hearing on September 25, 2012. For endangering children, Legg received an eight-year prison sentence, which was ordered to run concurrently with the sentence for murder, which was 15 years to life imprisonment. Legg also received a ten-year sentence for illegal manufacture of drugs, which was ordered to run consecutively to the sentences for murder and endangering children. The trial court further ordered that Legg's total sentence in this case was to be served consecutively to prison terms for violating community control in his two prior cases. The aggregate sentence Legg received was 27 years to life imprisonment.

(¶5} On January 25, 2013, Legg filed a motion for a delayed appeal, which was subsequently granted by this Court. On appeal, Legg raises one assignment of error pertaining to his sentence.

II.

ASSIGNMENT OF ERROR

THE TRIAL COURT ERRED WHEN IT IMPOSED SEPARATE SENTENCES FOR OFFENSES THAT AROSE FROM THE SAME CONDUCT, WERE NOT COMMITTED SEPARATELY OR WITH A SEPARATE ANIMUS, AND SHOULD HAVE BEEN MERGED FOR SENTENCING PURPOSES UNDER R.C. 2941.25.

(¶6} In his sole assignment of error, Legg contends that the trial court failed to properly analyze whether the offenses for which he was convicted were allied offenses ...


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