State v. Johnson, 128 Ohio St. 3d 153

Johnson beat Milton Baker to death; convictions for felony murder under R.C. 2903.02(B) based on child endangering and for child endangering under R.C. 2919.22(B)(1).
First District held felony murder and child endangering were not allied offenses; later conflicted with Mills (Fifth District).
Ohio Supreme Court granted certification to resolve whether the two offenses are allied under R.C. 2941.25(A)–(B).
Court overruled State v. Ranee and state instead analyzes allied offenses by focusing on the defendant’s conduct and merger intent.
Court held the two offenses in this case arose from the same conduct and are allied offenses of similar import, requiring merger for sentencing.
Remanded for further proceedings consistent with this opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are felony murder and child endangering allied offenses under R.C. 2941.25?	State argues same conduct and societal interests show merger.	Johnson argues the preexisting framework should apply (prior standards).	Yes; they are allied offenses and must merge.

State v. Rance, 85 Ohio St.3d 632 (1999) (overruled framework requiring abstract element comparison; mandates conduct-based inquiry)
State v. Blankenship, 38 Ohio St.3d 116 (1988) (two-step test for allied offenses; abstract element comparison then conduct/animus)
State v. Cabrales, 118 Ohio St.3d 54 (2008) (abandoned exact-element alignment; adopted similarity-in-import concept)
State v. Winn, 121 Ohio St.3d 413 (2009) (modifies Winn: 'probably' rather than 'necessarily' result; later critiqued for subjectivity)
State v. Harris, 122 Ohio St.3d 373 (2009) (concurring critique of Winn standard; focuses on impact of similarity)
State v. Brown, 119 Ohio St.3d 447 (2008) (preemptive exception to merge when legislature clearly protects same societal interest)
State v. Geiger, 45 Ohio St.2d 238 (1976) (legislative intent of merger statute; shotgun convictions purpose)
State v. Logan, 60 Ohio St.2d 126 (1979) (early articulation of merger analysis under R.C. 2941.25)
State v. Botta, 27 Ohio St.2d 196 (1971) (origin of merger doctrine; two offenses same occasion may yield one conviction)
Newark v. Vazirani, 48 Ohio St.3d 81 (1990) (abstained from abstract element comparison; relied on case facts)
State v. Adams, 103 Ohio St.3d 508 (2004) (kidnap/rape allied assessment without citing Ranee)