State v. Jackson, 2011 Ohio 6069

Remanded from Ohio Supreme Court to apply Johnson two-part test for allied offenses.
Defendant Jackson was convicted of rape (R.C. 2907.02(A)(2)) and unlawful sexual conduct with a minor (R.C. 2907.04(A)) with a furthermore clause.
Trial court sentenced four years on each count, to be served concurrently.
Court of Appeals previously affirmed convictions but reversed on merger and sufficiency of the furthermore clause; remanded for state to elect allied offense on remand.
Supreme Court remanded for application of Johnson v. State and related guidance, governing merger of allied offenses.
The May 2007 incident in which 15-year-old S.C. was allegedly sexually assaulted by Jackson in his apartment underpins both counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether rape and unlawful sexual conduct with a minor are allied offenses of similar import	State: yes they are allied offenses under Johnson	Jackson: should not merge, separate offenses	Yes; offenses are allied and must be merged.

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (two-part Johnson test for allied offenses of similar import; merge if same conduct and same act/state of mind)
State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (remanded for resentencing after merger ruling per Whitfield framework)
Jackson I, 200 N.E.3d 3080 (2010-Ohio-3080) (court previously held merger of rape and unlawful conduct was warranted; remanded for new sentencing)
State v. Grant, 2008-Ohio-3429 (2008-Ohio-3429) (cited for related analysis on subsumption of offenses)
State v. Roy, 2011-Ohio-1992 (2011-Ohio-1992) (cited for Johnson framework application)