State v. Miranda
Annotate this CaseAppellant pleaded guilty a violation of Ohio’s RICO statute and a predicate offense of trafficking in marijuana. The trial court imposed a six-year sentence for the RICO offense and an eight-year sentence for the trafficking offense, to be served consecutively. On appeal, Appellant asserted that the trial court’s imposition of consecutive prison sentences violated the prohibition against double jeopardy. The court of appeals affirmed Appellant’s separate sentences. Appellant appealed, arguing that the appellate court was required to apply the standard set forth in State v. Johnson in deciding whether the imposition of multiple convictions and sentences for a RICO offense and one or more of its predicate felonies violated the Allied Offenses statute and his rights under the double jeopardy clauses of the state and federal Constitutions. The Supreme Court affirmed, holding that State v. Johnson is not applicable to a RICO violation and that a RICO offense does not merge with its predicate offenses for purposes of sentencing.
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