State v. Byrd

Fain, Judge.

Defendant-appellant Steven Byrd appeals from his convictions and sentences for theft by deception and for aggravated trafficking. Byrd contends that he could not have properly been sentenced upon both offenses because they were required to be merged under R.C. 2941.25; that there was insufficient evidence to sustain his conviction for aggravated trafficking; and that the sentence imposed was in excess of the sentence permitted by statute.

The state has confessed error with respect to the sentence, but contests Byrd’s other assignments of error.

We conclude that Byrd’s merger…