State v. Gray

In State v. Gray, 10th Dist. No. 04-AP-938, 2005 Ohio 4563, the Tenth Appellate District, using the foregoing definitions, discussed the question of whether or not felonious assault and knowingly discharging a weapon into an occupied habitation were allied offense of a similar import. The Gray court answered this question in the negative, holding that in order to find a defendant guilty of felonious assault, he must have attempted to cause or actually caused harm to another person by means of a deadly weapon or dangerous ordinance. Id. at P 21. On the other hand, the Tenth Appellate District found that a defendant could be found guilty of discharging a firearm into an occupied habitation even when this conduct did not pose a risk of harm to another person. Id. Therefore, the court concluded that the two offenses were of a dissimilar import and that their inquiry was at an end. Id. at P 24.