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State v. Lucas

Court of Appeals of Ohio, Ninth District, Summit

June 28, 2019

STATE OF OHIO Appellee
v.
DUANE MARQUISE LUCAS Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2017-03-0876

          RICHARD P. KUTUCHIEF, Attorney at Law, for Appellant.

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

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER JUDGE.

         {¶1} Defendant Appellant, Duane Marquise Lucas, appeals his sentence issued by the Summit County Court of Common Pleas on May 10, 2018. We affirm.

         I.

         {¶2} The Summit County Grand Jury indicted Lucas on ten charges related to the death of B.L. Pursuant to a negotiated plea agreement, he ultimately entered a plea of guilty to: murder in violation of R.C. 2903.02(A), a special felony, with an attached firearm specification in violation of R.C. 2941.145; domestic violence in violation of R.C. 2919.25(A), a third degree felony; having weapons while under disability in violation of R.C. 2923.13(A)(2), a third degree felony; and possession of heroin in violation of R.C. 2925.11(A)(C)(6), a fifth degree felony.

         {¶3} Following a presentence investigation ("PSI"), the trial court sentenced Lucas to life imprisonment with parole eligibility after 15 years for murder and a mandatory three years for the attendant firearm specification. The court then sentenced him to 36 months for domestic violence, 36 months for having weapons while under disability, and 12 months for possession of heroin. The court ordered the sentences to be served consecutively for a term of life imprisonment with parole eligibility after 25 years.

         {¶4} Lucas timely appealed his conviction and presents four assignments of error for our review. For ease of analysis, we elect to consider assignments of error one and two together and assignments of error three and four together.

         II.

         Assignment of Error I

         The trial court erred to the prejudice of [Lucas] by not finding that Murder and Domestic Violence are allied offenses of similar import and by sentencing him to consecutive terms for each one of them.

         Assignment of Error II

         The trial court erred to the prejudice of [Lucas] by not finding that Murder with [a firearm specification] and Having Weapons Under Disability are allied offenses of similar import, and ...


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