State v. Allison, 2017 Ohio 7720

On April 26, 2016, Allison fired shots at two East Cleveland officers; he was indicted on multiple counts including felonious assault (with firearm specs), discharge of a firearm, having weapons while under disability, and tampering with evidence.
Pursuant to a plea agreement, Allison pleaded guilty to an amended Count 1 (felonious assault, second-degree, with a three-year firearm specification), having weapons while under disability (third-degree), and tampering with evidence (third-degree); remaining counts were nolled.
At sentencing the court imposed an aggregate 6 years, 9 months: 3 years on felonious assault consecutively to a 3-year firearm spec, and concurrent nine-month terms on the two third-degree counts, ordered consecutive to the assault term.
Allison appealed, arguing (1) the aggregate/consecutive sentence was excessive and the court failed to make required R.C. 2929.14(C)(4) findings, and (2) the convictions should have merged as allied offenses.
The trial court made oral findings at sentencing addressing R.C. 2929.14(C)(4) (necessity to protect the public, proportionality, and applicability of prior criminal history / course-of-conduct rationale) but did not incorporate those findings into the written journal entry.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consecutive sentences were improperly imposed without required R.C. 2929.14(C)(4) findings	State: trial court properly found necessity, proportionality, and applicable statutory basis; sentencing lawful	Allison: consecutive sentences not necessary, disproportionate, and court relied on courtroom policy rather than individualized findings	Affirmed: court made the required oral R.C. 2929.14(C)(4) findings and record supports them; sentence not contrary to law. Remanded to incorporate findings into journal entry (nunc pro tunc).
Whether convictions should merge as allied offenses	State: offenses are not allied and do not merge	Allison: felonious assault, weapons-under-disability, and tampering should merge	Affirmed: issue was waived at plea/hearing because defense counsel agreed these counts did not merge; court confirmed non-merger on the record.

Marcum v. State, 146 Ohio St.3d 516 (Ohio 2016) (defines appellate standard under R.C. 2953.08 for reviewing felony sentences)
Bonnell v. Ohio, 140 Ohio St.3d 209 (Ohio 2014) (trial court must incorporate consecutive-sentence findings into the sentencing entry)
Edmonson v. Leesville Concrete Co., 86 Ohio St.3d 324 (Ohio 1999) (discusses requirement that trial court indicate it engaged in required sentencing analysis)
Ruff v. State, 143 Ohio St.3d 114 (Ohio 2015) (updated allied-offense analysis supplanting State v. Johnson)
Johnson v. State, 128 Ohio St.3d 153 (Ohio 2010) (older allied-offense framework noted as superseded by Ruff)