Unpublished Dispositionclarence Greathouse, Jr., Petitioner-appellant, v. Ronald C. Marshall, Respondent-appellee, 896 F.2d 553 (6th Cir. 1990)

Petitioner, Clarence Greathouse, Jr. ("Greathouse") appeals from the February 2, 1989 order of the district court dismissing his habeas corpus petition. Greathouse argues that he is entitled to habeas relief on the grounds that the double jeopardy clause of the fifth amendment precludes the trial court from imposing consecutive sentences for aggravated burglary and aggravated murder under Ohio Rev.Code Ann. Secs. 2911.11(A) (1) and 2903.01(B), respectively.

Having carefully considered the record, the briefs and the oral arguments of the parties, we conclude that the Ohio Supreme Court, intends each offense to be punished separately. State v. Moss, 69 Ohio St.2d 515, 433 N.E.2d 181 (1982), cert. denied 459 U.S. 1200 (1983). Finding no error warranting reversal, we AFFIRM the order of the Honorable Alice M. Batchelder, United States District Judge for the Northern District of Ohio.

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