Does Law Require Merger of Convictions for ‘Allied Offenses,’ or Only Merger of Sentences?
State of Ohio v. Darnell Whitfield, Case no. 2008-1669 8th District Court of Appeals (Cuyahoga County) ISSUE: When a criminal defendant is charged with multiple crimes based on the same conduct, and is found guilty of two or more charges that are “allied offenses of similar import,” is the trial court required to merge the allied offenses into a single conviction, or may the court record multiple convictions but merge the penalties for the allied offenses into a single sentence? BACKGROUND: Darnell Whitfield of Cleveland was stopped by police for running a stop sign. When a computer check revealed that his driver’s license was under suspension, officers placed him under arrest and searched the car, where they discovered 26 grams of crack cocaine, $6,000 in cash and a loaded handgun. Whitfield was indicted on multiple charges and found guilty of possession of illegal drugs, drug trafficking, having a weapon while under a disability and carrying a concealed weapon, with a firearm specifi
