State v. Adams, 2014 Ohio 3496

David James Adams was indicted on multiple counts including murder, felonious assault, reckless homicide, tampering with evidence, and grand theft; firearm specifications were alleged.
Pursuant to a plea agreement Adams pled guilty to amended involuntary manslaughter (with a three-year firearm spec), one count of felonious assault, tampering with evidence, and grand theft; remaining counts were nolled.
The parties agreed to a stipulated prison term of 15–25 years and expressly agreed that the involuntary manslaughter and felonious assault counts would not merge for sentencing.
At plea hearing the prosecutor, defense counsel, and the court confirmed on the record that the offenses would not merge and that Adams waived any objection to consecutive sentences; Adams acknowledged understanding and did not withdraw the plea.
The trial court sentenced Adams to an aggregate 25-year term (consecutive terms totaling 25 years) consistent with the plea agreement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by failing to merge involuntary manslaughter and felonious assault under R.C. 2941.25(A)	State: The parties agreed the offenses would not merge and the stipulated sentence is enforceable.	Adams: Underwood permits appellate review for plain error where allied-offense merger was not considered, so the court should have merged them.	Court: Waiver — because the parties and defendant expressly agreed on non-merger at plea, the allied-offense claim was waived and no plain-error review required; judgment affirmed.

State v. Underwood, 922 N.E.2d 93 (Ohio 2010) (when plea agreement is silent on allied offenses, trial court must determine merger; parties may, however, stipulate separate animus to avoid merger)