FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 17CR095607
APPEARANCES: GIOVANNA V. BREMKE, Attorney at Law, for
P. WILL, Prosecuting Attorneym, and NATASHA RUIZ GUERRIERI,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO JUDGE
Appellant, Gary L. May, appeals from his convictions in the
Lorain County Court of Common Pleas. This Court affirms.
Mr. May was indicted on twelve counts of rape and twelve
counts of sexual battery involving two young girls whom his
wife was babysitting. Prior to trial, the State amended two
counts of rape to gross sexual imposition and dismissed two
counts of sexual battery. After a jury trial, Mr. May was
found guilty of ten counts of rape, two counts of gross
sexual imposition, and ten counts of sexual battery. The
trial court sentenced him to an aggregate total of life in
prison with parole eligibility after fifteen years and found
him to be a sexually-oriented offender.
Mr. May now appeals from his convictions and raises one
assignment of error for this Court's review.
THE TRIAL COURT ERRED IN SENTENCING APPELLANT, GARY L. MAY,
BY FAILING TO MERGE ALLIED OFFENSES OF SIMILAR IMPORT.
In his sole assignment of error, Mr. May argues that the
trial court erred in sentencing him on two counts of rape,
specifically Counts 11 and 12, as they were allied offenses
of similar import. We disagree.
"This Court generally applies a de novo standard of
review when reviewing a trial court's decision regarding
the merger of convictions for the purposes of
sentencing." State v. Harris, 9th Dist. Medina
No. 16CA0054-M, 2017-Ohio-8263, ¶ 25, citing State
v. Williams, 134 Ohio St.3d 482, 2012-Ohio-5699, ¶
1. "When applying the de novo standard of review, this
Court gives no deference to the trial court's legal
determinations." State v. West, 9th Dist.
Lorain No. 04CA008554, 2005-Ohio-990, ¶ 33.
"R.C. 2941.25 codifies the protections of the Double
Jeopardy Clause of the Fifth Amendment to the United States
Constitution and [Article I, Section 10, ] of the Ohio
Constitution, which prohibits multiple punishments for the
same offense." State v. ...