State v. Bonneau, 2013 Ohio 5021

Paul Bonneau was indicted on eight counts: three counts of gross sexual imposition and one kidnapping charge related to victim M.S., and four related counts concerning A.F.; jury convicted only on the counts involving M.S.\
Trial court initially sentenced under post-1996 law, then attempted to resentence under pre-1996 law while appeal was pending; this court previously held that resentencing while appeal was pending was void.\
On remand the trial court resentenced under the law in effect in 1994, merged the three gross sexual imposition counts into the kidnapping count, and imposed a sentence of 5–25 years for kidnapping.\
The court also designated Bonneau a sexually oriented offender and ordered registration under Megan’s Law.\
Bonneau appealed the resentencing, arguing (1) kidnapping was only incidental to the sexual offenses (so it could not be a separate conviction or the basis for merger), and (2) retroactive application of Megan’s Law violated Ohio’s Retroactivity Clause.\

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether kidnapping conviction could support sentencing after merger into allied offenses	State: prosecution may elect which allied offense to sentence on; court properly merged and sentenced on kidnapping	Bonneau: any kidnapping was incidental to gross sexual imposition (Logan), so kidnapping not a separate cognizable offense and cannot be the elected merged offense	Court:affirmed; law-of-the-case bars re-litigation of conviction; state may elect any allied offense for sentencing; kidnapping sentence proper
Whether retroactive application of Megan’s Law violated Ohio Constitution (Retroactivity Clause)	State: Megan’s Law is remedial and applicable; prior Ohio precedent permits retroactive application	Bonneau: retroactive registration is punitive and unconstitutional under Section 28, Article II	Court:affirmed; Cook and Ferguson support retroactive application of Megan’s Law as nonpunitive; Williams limited to later S.B.10 changes and did not upend Cook/Ferguson for preexisting Megan’s Law application

State v. Logan, 60 Ohio St.3d 126 (guidelines for when kidnapping is separate animus vs. incidental to another sexual offense)
State v. Cook, 83 Ohio St.3d 404 (Megan’s Law retroactive application to pre-enactment offenders is remedial, not unconstitutional)
State v. Ferguson, 120 Ohio St.3d 7 (amendments to Megan’s Law did not impose punitive burdens; retroactivity upheld)
State v. Williams, 129 Ohio St.3d 344 (S.B.10 classifications found unconstitutional as retroactive; did not overturn Cook and Ferguson)
State v. Whitfield, 124 Ohio St.3d 319 (explaining merger doctrine: conviction requires both verdict and sentence; allied offenses may be tried together but only one punished)
State v. Brown, 119 Ohio St.3d 447 (state may elect which allied offense to pursue at sentencing)