State v. Largent

Summary

The Ohio Court of Appeals for the Fifth Appellate District reversed and remanded Kendra Largent’s sentence for resentencing. The court held that 17 receiving-stolen-property convictions involving credit cards taken in a single wallet theft arose from the same animus and should have merged for sentencing under Ohio Revised Code section 2941.25.

Holdings

1. The seventeen receiving-stolen-property counts arose from the same animus because they all stemmed from the single act of taking the victim's wallet, and the record contained no evidence distinguishing one credit card or count from another. The counts therefore should have merged for sentencing.
2. An appellate court reviews an allied-offense question de novo.

Questions Presented

1. Whether the seventeen receiving-stolen-property convictions arose from the same conduct and animus and therefore were allied offenses that had to merge for sentencing under Ohio Revised Code section 2941.25.
2. Whether the trial court erred by imposing consecutive sentences on all seventeen receiving-stolen-property counts.

Disposition

reversed_and_remanded