State v. Daniels, 2013 Ohio 358

Daniels was convicted by a jury of six counts of rape arising from forcible acts against a group-home resident he aided as a nursing assistant.
On initial appeal, this Court affirmed the convictions but remanded to apply State v. Johnson (allied-offenses framework).
On remand, the trial court resentenced Daniels and merged only the two (or more) counts under R.C. 2907.02(A)(2) into the corresponding counts under R.C. 2907.02(A)(1)(c), sentencing on the remaining three counts.
Daniels challenges eight assignments of error, including whether the counts should have merged for sentencing and whether proper allocution and sentencing procedures were followed.
The Court of Appeals affirms in part, reverses in part, and remands for further proceedings consistent with its opinion, including sustaining the time-served credit issue and remanding for credit calculation.
The court also addresses the availability of earned-credit information and whether cumulative error affected Daniels’ sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the offenses were allied and could merge for sentencing	Daniels argues all rape counts are allied offenses needing merger	Daniels contends the three rapes were a single continuous act	Counts did not merge; three separate rapes were validly punished separately
Whether Daniels was afforded proper allocution before sentencing	Daniels asserts lack of proper allocution prior to sentencing	Court personally addressed Daniels and asked for statements regarding sentencing	Allocution given; error not shown; assignment II/III overruled
Whether Daniels received ineffective assistance of counsel for allocution issues	Counsel failed to object to lack of allocution	Allocution was provided; no basis for ineffective assistance	Ineffective-assistance claim premised on failure of allocution denied
Whether the sentence properly credited Daniels for time served	Sentence imposed without credit for time served	Credit for time served calculated previously but not included in resentencing entry	Fourth assignment sustained; time served credit must be included in sentencing entry
Whether the court properly informed Daniels about earned credits and potential reduction	Court failed to inform about earned credit	Daniels ineligible for earned credit due to rape conviction; notice not required	No reversible error; earned-credits notification not required for ineligible offender; assignments VI-VII overruled

State v. Johnson, 128 Ohio St.3d 153 (2010) (allied-offenses framework and Johnson syllabus guidance)
State v. Barnes, 68 Ohio St.2d 13 (1981) (separate acts of rape for separate convictions when different acts occur)
State v. Ware, 53 Ohio App.2d 210 (1977) (separate acts when different bodily orifices are penetrated)