State v. Herzner, 2021 Ohio 4244

Defendant Justin Herzner and victim Cheyanne Vollmer were engaged with four children together; a late‑April 2020 domestic incident led to police involvement and later a violent episode in the home.
After officers left, Herzner wrapped a nylon rope around Vollmer’s neck, tightened it, and later grabbed, threw, and threatened her with a knife while confining her in a boarded room.
Thirty minutes later Herzner returned, punched and choked Vollmer until she lost consciousness; she later sought help and reported the assault.
A grand jury indicted Herzner for domestic violence and kidnapping (later amended to abduction); he pleaded guilty to domestic violence (R.C. 2919.25(A)) and abduction (R.C. 2905.02(A)(2)).
At sentencing the trial court denied Herzner’s motion to merge the convictions under R.C. 2941.25; the court sentenced him to 30 months (domestic violence) and 33 months (abduction), consecutively.
On appeal Herzner challenged the denial of merger, arguing the offenses were allied and should have merged into a single conviction and sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether domestic violence and abduction are allied offenses under R.C. 2941.25 and therefore must merge	State: offenses inflicted distinct harms (fear from restraint vs severe physical injury), were committed separately, and involved separate animus — so they are dissimilar and both punishable	Herzner: the acts were part of a single continuous course of conduct with the same animus; plea‑hearing facts alone did not show separate offenses, so convictions should merge	Court: Affirmed — offenses are of dissimilar import with separate harms and a separate animus (30‑minute break and renewed attack); no merger under R.C. 2941.25

State v. Ruff, 143 Ohio St.3d 114 (Ohio 2015) (establishes allied‑offenses test: examine conduct, animus, and import)
State v. Washington, 137 Ohio St.3d 427 (Ohio 2013) (trial court may review the entire record at sentencing when deciding merger)
State v. Logan, 60 Ohio St.2d 126 (Ohio 1979) (animus may be inferred from surrounding circumstances)