[Cite as State v. Bobst, 2014-Ohio-660.]
COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. William B. Hoffman, P.J.
Plaintiff-Appellee : Hon. Sheila G. Farmer, J.
: Hon. John W. Wise, J.
-vs- :
:
DOUGLAS W. BOBST, JR. : Case No. CT2013-0046
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. CR2013-0083
JUDGMENT: Reversed and Remanded
DATE OF JUDGMENT: February 24, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
RON WELCH WILLIAM T. CRAMER
27 North Fifth Street 470 Olde Worthington Road
Zanesville, OH 43701 Suite 200
Westrville, OH 43082
Muskingum County, Case No. CT2013-0046 2
Farmer, J.
{¶1} On April 10, 2013, the Muskingum County Grand Jury indicted appellant,
Douglas Bobst, Jr., on one count of burglary in violation of R.C. 2911.12, one count of
theft in violation of R.C. 2913.02, and one count of grand theft of a firearm in violation of
R.C. 2913.02. Appellant had stolen electronics and gun parts from his parents' home
while they were out of town.
{¶2} On June 24, 2013, appellant pled guilty as charged. At sentencing, the
trial court merged the theft count with the burglary count, but did not merge the grand
theft of a firearm count. By sentencing entry filed August 21, 2013, the trial court
sentenced appellant to an aggregate term of twenty-four months in prison.
{¶3} Appellant filed an appeal and this matter is now before this court for
consideration. Assignments of error are as follows:
I
{¶4} "THE TRIAL COURT VIOLATED PRINCIPLES OF DOUBLE JEOPARDY
AND R.C. 2941.25 BY FAILING TO MERGE GRAND THEFT OF A FIREARM AND
BURGLARY."
II
{¶5} "APPELLANT WAS DEPRIVED OF HIS RIGHTS TO THE EFFECTIVE
ASSISTANCE OF COUNSEL UNDER THE SIXTH AND FOURTEENTH
AMENDMENTS TO THE UNITED STATES CONSTITUTION AND THE OHIO
CONSTITUTION, ARTICLE I, SECTION 10, WHEN DEFENSE COUNSEL
ERRONEOUSLY CONCEDED THAT GRAND THEFT OF A FIREARM AND
BURGLARY DID NOT MERGE UNDER R.C.2941.25."
Muskingum County, Case No. CT2013-0046 3
I
{¶6} Appellant claims the trial court erred in failing to merge the grand theft of a
firearm count with the burglary count in violation of the principles of double jeopardy and
R.C. 2941.25 (allied offenses).
{¶7} In its appellate brief at 1, the state concedes the issue, stating: "[t]he State
does not dispute the validity of defendant's argument in Assignment of Error Number
One."
{¶8} Based upon the foregoing, we find the trial court erred in failing to merge
the grand theft of a firearm count with the burglary count.
{¶9} Assignment of Error I is granted. Based upon this decision, Assignment of
Error II is moot.
Muskingum County, Case No. CT2013-0046 4
{¶10} The judgment of the Court of Common Pleas of Muskingum County, Ohio
is hereby reversed, and the matter is remanded to said court for further proceedings
consistent with this opinion.
By Farmer, J.
Hoffman, P.J. and
Wise, J. concur.
SGF/sg 214