State v. Cleveland, 2011 Ohio 4868

Defendant-appellant Andre Cleveland pled no contest to Rape, Aggravated Burglary, and Kidnapping.
Trial court imposed 13-year aggregate sentence: 10 years for Rape, 10 years for Burglary concurrent, 3 years for Kidnapping consecutive.
Cleveland was designated as a Tier III sex offender.
Issue: whether the offenses are allied offenses of similar import for merger.
Record on appeal is inconclusive regarding allied-offense issue; PSIR was not in the appellate record unless treated as part of the record.
The court remanded for further proceedings after reversing on allied-offense and transitional-control-related issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the charged offenses allied offenses of similar import?	State argues blocks of elements/Johnson framework.	Cleveland contends offenses can be separately punished.	Plain error: trial court must conduct allied-offenses inquiry; record inconclusive.
Was disapproval for shock incarceration/intensive program proper?	State: ineligible thus harmless error.	Cleveland allowed to participate; error not harmless.	Harmless as to both programs due to first-degree felony status; remand as to transitional control.
Should transitional control disapproval be included on remand?	State concedes error regarding transitional control must be addressed on remand.	N/A or minimal challenge.	Second assignment sustained to the limited extent; discontinue transitional-control disapproval on remand.

State v. Rance, 85 Ohio St.3d 632 (1999-Ohio-291) (allied-offenses analysis under Blockburger framework (now superseded by Johnson))
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (overruled Rance; conduct-focused allied-offenses analysis)
Blockburger v. United States, 284 U.S. 299 (1932) (Blockburger test for doubles Jeopardy applicability (elements-based))
State v. Howard, 190 Ohio App.3d 734 (2010-Ohio-5283) (trial court error in transitional-control disapproval; remand absent on remand)