Are Felonious Assault and Attempted Murder ‘Allied Offenses’ Subject to a Single Sentence?
State of Ohio v. Kevin Williams, Case no. 2008-2037 8th District Court of Appeals (Cuyahoga County) ISSUE: Under Ohio’s multiple-count statute, R.C. 2941.25, when a criminal defendant is charged with both felonious assault and attempted murder based on the same actions directed toward the same victim, and is found to have committed both crimes, must the trial court merge those offenses into a single conviction subject to a single sentence? BACKGROUND: After an argument broke out between Kevin Williams and another participant in an East Cleveland dice game, Williams pulled a gun. As the other players, including LayShawn McKinney, attempted to run away, Williams fired a shot that struck McKinney in the back, paralyzing him. McKinney and others identified Williams as the shooter, and he was arrested. Williams was subsequently charged and convicted on two counts of felonious assault: one for causing serious physical harm to McKinney and one for causing harm to McKinney with a deadly weapon
