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10th District rules man's burglary and robbery convictions cannot merge
JESSICA SHAMBAUGH
Special to the Legal News
Published: May 8, 2013
A Franklin County appellate panel recently ruled that a man’s convictions should not be merged after finding he committed aggravated burglary and aggravated robbery through separate conduct.
The 10th District Court of Appeals judges ruled 3-0 that Kwentel Broomfield’s convictions should not be merged, but sustained his argument that his jail-time credit was improperly calculated.
“Because we conclude that the trial court correctly determined that appellant’s convictions were not allied offenses of similar import subject to merger, but erred in calculating appellant’s jail-time credit, we affirm in part and reverse in part,” 10th District Judge Julia Dorrian wrote for the court.
Case summary states that K.W. and C.S. were entering their home in December 2010 when Broomfield and Victore Wimbley approached them.
The men allegedly forced the women into the house at gunpoint and demanded money. Broomfield struck C.S. in the face and held both women at gunpoint while Wimbley searched for money.
Before fleeing with jewelry, cash and C.S.’s vehicle, Broomfield forced K.W. into a bedroom and raped her at gunpoint, according to case summary.
About an hour after the attack the men approached two Ohio State University Hospital East employees. The employees, two women who were on a smoke break, were standing near an alley when the men pointed guns at them and demanded money, case summary shows.
The women denied having any money and Broomfield forced one of the women to the ground and searched her. While the robbery was taking place, a witness was able to call the police and officers arrested Broomfield and Wimbley shortly after they made off with a debit card.
Broomfield was indicted on several charges and pleaded guilty to aggravated burglary, aggravated robbery, rape, kidnapping and aggravated robbery, all with firearm specifications.
The Franklin County Court of Common Pleas merged only the firearm specifications and sentenced Broomfield to a total of 31 years in prison.
On appeal, Broomfield argued that his kidnapping conviction should have merged with his other convictions and that his aggravated robbery and aggravated burglary convictions should have merged.
“Appellant claims that the trial court should have merged his convictions for kidnapping and aggravated burglary because he committed these crimes through the same conduct with a single animus,” Dorrian wrote.
The judges, however, disagreed and held that the crimes were committed through separate conduct.
They maintained that Broomfield committed aggravated burglary when he entered the home of the first victims by force while carrying a deadly weapon.
At that time, however, he was not restraining either of the victims and only committed kidnapping later when he restrained K.W. in the house.
“Because these convictions were based on separate conduct, the trial court did not err by not merging them for purposes of sentencing,” Dorrian stated.
Similarly, the judges found Broomfield had a separate animus for continually restraining K.W. than he had for the robbery or for the rape, leaving the convictions unable to be merged.
They further discovered that burglary was committed when Broomfield entered the home and robbery was committed when he took items from his victims.
“Thus, these offenses were committed through separate conduct and they do not merge,” Dorrian continued.
Broomfield also argued that the trial court erred in calculating his jail-time credit because he was arrested on Dec. 7, 2010 and remained in custody until his sentencing on May 2, 2012.
The judges agreed that, although the trial court gave him 479 days of credit, he was entitled to 513 days.
“The judgment of the Franklin County Court of Common Pleas is affirmed in part and reversed in part, and this matter is remanded to that court for resentencing in accordance with law and consistent with this decision.”
Fellow 10th District judges Lisa Sadler and John Connor joined Dorrian to form the majority.
The case is cited State v. Broomfield, case No. 2013-Ohio-1676.
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