State v. Ikner

In the syllabus to its opinion, incorporated by reference and made a part of its journal entry in this ease, the Court of Appeals held:

“1. Trial in a Common Pleas Court on a felony charge based on the same acts as a prior conviction for violation of a municipal ordinance does not constitute double jeopardy, if the crime described in the municipal ordinance is not a lesser included offense of the felony.

“2. The penal philosophy of the doctrine of merger which precludes separate sentences for a violation of R. C. 4945.04(A) [sic] (auto theft), and R. C. 2907.30 (receiving or concealing stolen…