State v. Carver, 2011 Ohio 5955

Carver was convicted of kidnapping, felonious assault, and related offenses after a 2003 incident involving B, with the jury acquitting most rape counts.
He received consecutive prison terms for unauthorized use of a motor vehicle, kidnapping, and felonious assault, totaling nineteen years.
On direct and reopened appeals, this court affirmed the convictions and sentence; allied offenses were not raised as an issue previously.
In 2010, Carver timely moved for a de novo resentencing under Singleton to properly impose post-release control, which the trial court granted.
At the de novo resentencing in December 2010, the court again imposed the same prison terms and relevant post-release-control terms.
The sole assignment of error on appeal alleged that kidnapping and felonious assault are allied offenses of similar import that must merge under R.C. 2941.25 and State v. Johnson.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are kidnapping and felonious assault allied offenses of similar import requiring merger?	Carver: yes, same conduct and single animus justify merger.	Carver: yes, same conduct and single animus; should merge.	No merger; offenses do not merge because kidnapping involved multiple separate restraints beyond the single choking act.

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (new test: consider conduct to determine allied offenses; if same conduct, may merge)
State v. Rance, 85 Ohio St.3d 632 (1999) (pre-Johnson allied offenses framework; reliance on conduct)
State v. Brown, 119 Ohio St.3d 447 (2008-Ohio-4569) (two-tiered test for multiple punishments; conduct and animus considerations)
Blankenship, 38 Ohio St.3d 119 (1980) (conduct can support multiple offenses even if same act)
State v. Logan, 60 Ohio St.2d 126 (1979) (ancillary holding on same-animus restraints and independent restraint significance)
State v. Freeders, 2011-Ohio-4871 (Montgomery App. No. 23952) (applies Johnson framework to allied offenses of similar import)