State v. Asefi, 2012 Ohio 6101

In June 2011, Asefi and two others forced entry into David Allen’s home, confronted Allen, and initially left without taking items.
Moments later they returned, dumped Allen from his wheelchair, kicked him in the head, leaving him unconscious for two days.
During the offense, they stole several items from Allen’s home; Allen became permanently disabled and will require lifelong care.
Asefi was indicted on multiple counts including aggravated burglary, aggravated robbery, felonious assault, grand theft, and theft from an elderly person; he pled guilty to aggravated burglary and aggravated robbery, with the other counts dismissed.
The trial court sentenced him to 10 years on each of the two convictions, to run consecutively, and consecutively with another unrelated case, for a total of 25 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by not merging allied offenses	Asefi argues the offenses are allied and share conduct and animus.	State contends no merger is required or that the issue is not preserved.	The issue is sustained; remand to determine merger and election.

State v. Johnson, 128 Ohio St.3d 153 (Ohio Supreme Court, 2010) (definitive conduct-based test for allied offenses of similar import)
State v. Underwood, 2010-Ohio-1 (Ohio Supreme Court, 2010) (plain-error doctrine and allied offenses jurisprudence)
State v. Ziemba, 2012-Ohio-1717 (Ninth Dist. 2012) (remand for allied-offense determination when appropriate)
State v. Chisholm, 2012-Ohio-3932 (Ninth Dist. 2012) (trial court proceedings on merger/Johnson analysis inapplicability at times)
State v. Brautigam, 9th Dist. No. 26134, 2012-Ohio-2599 (Ninth Dist. 2012) (allowing allied-offense argument on appeal)