State v. Grayson

SEAN C. GALLAGHER, J., CONCURRING:

{¶ 29} I fully concur, but must write separately to clarify a few points. It is well settled that the charge of discharging a firearm into a habitation and an associated assault charge are not allied offenses. State v. Elko , 8th Dist. Cuyahoga No. 83641, 2004-Ohio-5209, 2004 WL 2340258, ¶ 85, abrogated in part, State v. Ford , 128 Ohio St.3d 398, 2011-Ohio-765, 945 N.E.2d 498, ¶ 4. As the majority noted, this has not changed under the Ruff analysis. Part of the reason courts have found that these crimes do not merge is the harms the individual criminal…