FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2013-12-3318
APPEARANCES: THOMAS M. DICAUDO and BENJAMIN R. SORBER,
Attorneys at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
SCHAFER, Presiding Judge.
Appellant, Terrance Fields, appeals from the May 16, 2017
journal entry from the Summit County Court of Common Pleas
denying his "motion to correct sentencing." This
Fields was indicted on several charges stemming from his
conduct on November 27, 2013, and initially entered a plea of
not guilty. On March 4, 2014, pursuant to a negotiated plea,
Fields retracted his plea of not guilty and entered a plea of
guilty to the following charges in the indictment: amended
count one, aggravated assault pursuant to R.C. 2903.12, a
felony of the fourth degree; count two, having weapons while
under disability pursuant to R.C. 2923.13(A)(3), a felony of
the third degree; count three, carrying concealed weapons
pursuant to R.C. 2923.12(A)(1)/(2), a felony of the fourth
degree; count four, domestic violence pursuant to R.C.
2919.25(A), a felony of the fourth degree. Pursuant to the
plea agreement and the State's recommendation, the trial
court dismissed the remaining charges in the indictment.
Following a presentence investigation, the trial court held a
sentencing hearing on April 9, 2014. At the hearing, the
State asked the court to impose a sentence of twelve months
in prison for count one-the aggravated assault-and indicated
that the aggravated assault charge was for Fields'
"firing the gun at [the victim] outside of house."
Regarding count two, the State asked the trial court to
impose a two-year prison term, and for count three, the State
requested that Fields be sentenced to a year in prison. As to
count four, the State asked the court to sentence Fields to
twelve months in prison, and noted that the domestic violence
charge was based on Fields's conduct in "grabbing
[the victim], putting the gun to her head, and then lighting
her hair on fire." The State requested that these
sentences run consecutively, so that Fields receive a total
prison term of five years. Fields argued that some form of
programming would be a more appropriate sanction than prison.
The trial court sentenced Fields to twelve months
imprisonment on count one, two years imprisonment on count
two, one year imprisonment on count three, and twelve months
imprisonment on count four. The trial court ordered that the
sentences in this case be served consecutively, for a total
sentence of five years. The sentence was journalized in the
trial court's April 18, 2014 entry. Fields did not appeal
On February 27, 2017, Fields filed a motion to correct
sentencing. In the motion, Fields requested that the trial
court "correct" the April 18, 2014 sentencing
entry. Fields stated that he was sentenced to serve
consecutive sentences on count one, aggravated assault, and
count four, domestic violence. He argued that the trial court
erred by imposing the consecutive terms for those counts.
Fields claimed, raising this argument for the first time,
that these convictions were allied offenses of similar import
and they should have been merged prior to sentencing.
The State opposed the motion, contending that Fields waived
the issue of merger because he did not timely raise it in
this case and failed to challenge his sentence or allege
sentencing errors in a direct appeal. Further, the State
argued, in the alternative, that the facts of this case do
not support Fields's theory of merger. As opposed to a
single incident, the State noted that there were several
incidents of criminal conduct underlying the charges in this
The trial court held a hearing on the motion on May 12, 2017.
At the conclusion of the hearing, the trial judge made the
following statement regarding Fields's argument:
Well, the [c]ourt disagrees with you. I believe that they
were not allied offenses of similar import. They were
separate offenses which he can be separately charged and
So I'm going to overrule your motion, and you can file a
notice for delayed appeal and possibly the Court of Appeals