State v. Conrad, 2014 Ohio 1757

George F. Conrad (defendant) and his estranged wife, Mindy (Misty) Conrad, separated in 2011 after 18 years; Conrad engaged in stalking, threats, and attempted to obtain a gun while under bond and protection orders.
On Jan. 6–7, 2012, Conrad removed a GPS monitor, obtained a handgun, concealed himself in Misty’s vehicle, shot at her (missing), then shot and seriously wounded Kevin Illes multiple times, and later shot Misty at close range, causing massive facial and jaw injuries.
A bullet also struck the siding of a residence (815 Schory Ave.) where someone was inside. Conrad fled, was later arrested, and the gun was never recovered.
Indictment included multiple counts: attempted murder, felonious assault, improperly discharging a firearm into a habitation, violation of protective order, menacing by stalking, tampering with evidence, among others; several counts carried firearm specifications.
Conrad pled guilty to specified counts (including two felonious assaults with firearm specs, improper discharge, violation of protection order, menacing by stalking, and tampering), and the trial court imposed consecutive sentences totaling 33 years.
Conrad appealed, arguing the court erred by failing to merge certain counts (Counts 3, 7, 8, 9) as allied offenses of similar import under R.C. 2941.25.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Counts 3 (felonious assault), 7 (improperly discharging into a habitation), 8 (violation of protective order), and 9 (menacing by stalking) are allied offenses that must merge	State argued offenses were distinct in conduct, time, victims, and animus; consecutive sentences justified under R.C. 2929.14(C)(4)	Conrad argued counts arose from one course of conduct and were allied offenses of similar import requiring merger	Court held offenses were not allied; each involved separate acts/animus, so sentences could run consecutively; assignment of error overruled

State v. Johnson, 942 N.E.2d 1061 (Ohio 2010) (when deciding allied-offense merger under R.C. 2941.25, the accused’s conduct must be examined)