STATE v. MAYS

Appellate No. 24168.

2012 Ohio 838

STATE OF OHIO, Plaintiff-Appellee, v. CHAMARE H. MAYS, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on March 2, 2012.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by R. LYNN NOTHSTINE , Atty. Reg. #0061560, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, Post Office Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

STEPHEN P. HARDWICK , Atty. Reg. #0062932, Office of the Ohio Public Defender, 250 East Broad Street, Suite 1400, Columbus, Ohio 43215, Attorney for Defendant-Appellant.

J. DAVID TURNER , Atty. Reg. #0017456, Post Office Box 291771, Kettering, Ohio 45429-1771, Attorney for Defendant-Appellant.


OPINION

HALL, J.

{¶ 1} Chamare Mays appeals his conviction and sentence, assigning four errors to the trial court. First, Mays alleges that the trial court erred by convicting him of felony murder based on felonious assault, contending that the independent-felony or merger limitation, which he asserts exists under Ohio common law, precludes felonious assault from serving as the underlying offense for felony murder. Second, Mays alleges...

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