State v. Bonner
2019 Ohio 5243
Ohio Ct. App.2019Background
- Deondre Bonner was indicted on 13 counts arising from multiple rapes involving three victims, including counts for various forms of rape, kidnapping, aggravated robbery, and gross sexual imposition.
- In November 2018 Bonner pleaded guilty to six counts: Counts 1 & 2 (rape — vaginal and oral — Victim 1), Count 4 (aggravated robbery), Count 5 (rape — vaginal — Victim 2), and Counts 8 & 9 (rape — oral and digital — Victim 3).
- At the plea hearing the parties expressly agreed that the offenses would not merge for sentencing.
- The trial court sentenced Bonner to an aggregate 55-year prison term.
- On appeal Bonner argued the trial court committed plain error by failing to merge allied-offense rape counts (Counts 1 & 2 for Victim 1; Counts 8 & 9 for Victim 3).
- The court addressed waiver based on the plea agreement and, alternatively, whether the offenses were allied given the distinct sexual acts alleged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not merging Counts 1 & 2 (Victim 1) as allied offenses | State: Bonner waived allied-offense claim by agreeing at plea that offenses would not merge; alternatively, the acts were distinct | Bonner: Counts 1 & 2 are allied and should have merged; failure to merge was plain error | Court: Waiver of allied-offense claim; independently, counts involve distinct sexual acts (vaginal vs. oral) so not allied — no error |
| Whether the trial court erred by not merging Counts 8 & 9 (Victim 3) as allied offenses | State: Same — waiver by plea agreement; alternatively, distinct acts support separate convictions | Bonner: Counts 8 & 9 are allied and should have merged; plain error occurred | Court: Waiver; independently, counts involve distinct sexual acts (oral vs. digital) so not allied — no error |
Key Cases Cited
- State v. Rogers, 38 N.E.3d 860 (Ohio 2015) (an accused may waive allied-offense protection by stipulating offenses were committed with separate animus)
- State v. Underwood, 922 N.E.2d 923 (Ohio 2010) (discusses waiver by stipulation that offenses are separate)
- State v. Ruff, 34 N.E.3d 892 (Ohio 2015) (articulates test for allied offenses — whether offenses are of similar import or arise from the same conduct)