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  #1  
Old 02-20-2012, 12:30 AM
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csgirlalways csgirlalways is offline
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Default Question about Allied Offenses/Ohio

Can breaking and entering and safecracking be considered allied offenses in Ohio?
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Old 02-22-2012, 10:57 PM
OffGridOps OffGridOps is offline
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If we consider the fact that the alleged safe cracking occurred within the alleged property which was broke and entered into then quite possibly. State v. Winn, 121 Ohio St. 3d 413, 2009-Ohio-1059 is pretty much on point. Allied offenses of similar import analysis begins with comparison of the elements in accordance with Rance and Cabrales. Since this two-part test sometimes produces erroneous results, the court must then assess whether the legislature intended to permit cumulative sentencing by determining whether the legislature manifested an intention to serve two different interests in enacting the two statutes.
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Old 01-21-2013, 02:32 AM
GraceNhope26 GraceNhope26 is offline
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With allied offenses if you got 2 separate felonious assaults could they be merged into just one offense instead of two?? The F.A. were committed at the same time/incident.
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