State v. Fahl, 2014 Ohio 328

Fahl pled guilty to two counts of Rape and one count of Gross Sexual Imposition.
The two rape counts involve the same victim, occurring on the same day but at different times.
Fahl did not request merger of the two rape convictions for sentencing.
The plea bargain dismissed the original indictment; Fahl pled to a bill of information covering two rapes and GSI.
Sentences: 11 years on each rape count and 5 years on GSI, all consecutive, totaling 27 years.
The trial court found the consecutive-sentencing findings required by law and the court’s sentence was affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the two rape convictions must merge for sentencing	Fahl relies on Adams to require a merger hearing.	Fahl did not preserve merger; record shows two separate acts.	No merger required; acts were separate, no plain error.
Whether the trial court properly imposed consecutive sentences	Consecutive sentences were improper or unsupported.	Consecutive sentences were justified by R.C. 2929.14(C)(4) findings.	Consecutive sentences properly imposed with required findings.
Whether the sentence constitutes plain error or abuse of discretion	Sentence should be reversed as plain error or abuse of discretion.	No abuse of discretion; sentence aligns with seriousness and circumstances.	No plain error or abuse of discretion; judgment affirmed.

State v. Adams, 197 Ohio App.3d 491 (2011-Ohio-6305) (merger hearing not required when record lacks sufficient facts)
State v. Sanders, 2013-Ohio-4824 (2d Dist. Montgomery No. 25505) (burden on defendant to prove entitlement to merger; plain-error review where not preserved)
State v. Jackson, 2012-Ohio-2335 (2d Dist. Montgomery No. 24430) (recognizes burden to show allied-offense merger and review standards)
State v. Thomas, 2011-Ohio-1191 (10th Dist. Franklin No. 10AP-557) (authority cited on merger and allied offenses)