Lynchburg man resentenced in felonious assault case following appellate court decision

Robert Jackson. (Ohio Department of Rehabilitation and Correction photo)
A Lynchburg man’s sentence in a felonious assault and abduction case was reduced by two years this week, after the Fourth District Court of Appeals reversed the original judgment in a decision issued in November.
Robert G. Jackson, 58, pleaded guilty in May 2023 to felonious assault, a second-degree felony; and abduction, a third-degree felony. Highland County Common Pleas Court Judge Rocky Coss sentenced Jackson to a definite determinate term of seven years on the felonious assault charge, consecutive to two years for the abduction charge, for a total of nine years in prison.
Jackson’s sentence in this case is now seven years, following a resentencing hearing held Jan. 8 in Highland County Common Pleas Court.
As previously reported, a bill of particulars alleged that in February 2023, a Highland County Sheriff’s deputy responded to a residence after the victim was heard screaming for help on an open-line 911 call. Upon officers’ arrival, the victim reported that Jackson had hit the victim, slammed the victim’s head into a door and beat the victim with a chair. A “large amount of blood” was observed in the residence, with the victim reportedly “bleeding profusely” from the head.
The victim was “later diagnosed with multiple injuries,” the bill of particulars says, including broken bones, a laceration, a puncture wound and concussion, which resulted in various medical procedures, including surgery, stitches and staples.
Jackson, represented by Hillsboro attorney Dennis Kirk, successfully appealed his sentence on the basis of the trial court “err[ing] in denying his motion to merge his felonious assault and abduction offenses,” according to the appellate court’s decision released Nov. 15, 2024.
“Our de novo review of the indictment, bill of particulars and the victim’s and prosecution’s statements at sentencing do not establish Jackson committed separate offenses,” Fourth District Court of Appeals Judge Kristy Wilkin wrote. “Jackson’s assertion that his assault of the victim was one continuous conduct committed with a single animus to physically harm the victim is supported by the record of the case. Accordingly, we reverse the trial court’s decision and remand the matter for resentencing.”
In addition to making the same argument on appeal, at Jackson’s sentencing hearing in May 2023, Kirk “argued that the offenses of felonious assault and abduction should merge as they are allied offenses of similar import … because Jackson’s intent was to seriously harm [the victim] and the assault was continuous.” Wilkin wrote. Both the prosecutor and judge disagreed, according to the appellate court decision.
Wilkin wrote that the Court of Appeals had to determine “whether [the] appellant harbored a separate animus for the two offenses.
“Jackson’s assertion that his offenses should merge has merit,” Wilkin wrote. “The evidence demonstrates that Jackson’s conduct was committed with a single animus, i.e., to physically harm [the victim] that day. Any restraint to her liberty was incidental, and we are unable to discern that Jackson completed the offense of abduction separately from committing felonious assault.”
The appellate court added that the bill of particulars filed by the state also includes “no facts demonstrating Jackson committed the offense of abduction separate and apart from the felonious assault.
“Rather, the evidence as stated in the bill of particulars demonstrates a continuous assault by Jackson causing [the victim] serious physical injuries,” Wilkin wrote. “Any restraint was incidental to the physical assault.
“Similarly, [the victim’s] statement at sentencing does not demonstrate the completion of the offense of abduction separate from felonious assault.”
Wilkin concluded that “pursuant to the underdeveloped facts and our thorough review of the record, we find that Jackson met his burden in demonstrating his conduct of causing [the victim] serious physical harm was committed with one animus establishing the offense of felonious assault. Any restraint was incidental to the felonious assault.
“Having sustained Jackson’s assignment of error, we remand the matter to the trial court to conduct a resentencing hearing consistent with our holding that the offenses of felonious assault and abduction should merge,” the appellate court decision says. “We note that the trial court should ensure that Jackson is orally advised of the indefinite prison term notifications pursuant to R.C. 2929.19(B)(2)(c) at the sentencing hearing.”
According to the decision, Judge Jason Smith dissented, while Judge Peter Abele concurred in judgment only.
“Although I do not generally ascribe to the single intent theory as viewed from an offender’s perspective, I do agree that in the case sub judice the prosecution’s presentation of the relevant facts are somewhat unclear and do not permit us to determine with certainty whether the offenses should merge,” Abele wrote. “Consequently, I concur in only the judgment.”
At the resentencing hearing Jan. 8, Highland County Assistant Prosecutor Adam King asked that Jackson be sentenced on the felonious assault charge.
Highland County Common Pleas Court Judge Rocky Coss resentenced Jackson to the same seven-year minimum sentence. Under the Reagan Tokes Law, Jackson could serve up to 10 and a half years on the charge. He had 65 days of jail time credit from time served before his original sentencing, plus all of his time spent in Ohio Department of Rehabilitation and Correction custody since being admitted May 12, 2023.
As previously reported, Jackson was additionally sentenced to 18 months in prison in January 2024 after pleading guilty to retaliation, a third-degree felony. During his plea hearing, it was brought out that Jackson had written to the victim in the felonious assault case.
Jackson is currently incarcerated in the Southeastern Correctional Institution, according to the ODRC. His current expected release date/parole eligibility date is Aug. 6, 2031.
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