State v. Jones, 2011 Ohio 2306

May 14, 2009, Kroger store security confronted Jones for shoplifting liquor; he redirected to talk to an admitted sister accomplice who fled to a red pickup.
Jones threatened security, displayed bottles, and swung a bottle at Cain; Cain used pepper spray with limited effect.
Outside, Jones directed the driver to run over security personnel; Cain testified the driver aimed at her, sustaining injuries requiring surgeries.
Jones was apprehended in the red pickup shortly after the incident by Union Township police.
Jones was charged with aggravated robbery, complicity in felonious assault, and robbery; he waived jury and proceeded to trial April 5–6, 2010.
The jury found not guilty of aggravated robbery, but guilty of robbery, complicity in felonious assault, and theft; he was sentenced to four, six, and 180 days respectively, with notices of appeal filed May 5, 2010.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether robbery and complicity to felonious assault merge	Jones argues merger under 2941.25 triggered by Johnson analysis.	Jones asserts allied offenses of similar import were committed with same conduct.	Johnson analysis shows no merger for same conduct; no error
Whether robbery and theft merge for sentencing	Jones contends the two offenses arise from same conduct and should merge.	Jones asserts two offenses stem from shoplifting the same items.	Yes; Johnson merger required; remand for sentencing merger consistent with Whitfield
Whether consecutive-sentence findings were required under 2929.14(E)(4)	Jones contends findings were required post-Ice/Foster framework.	Jones argues statutory findings are unnecessary after Ice.	Hodge controls; findings not required; consecutive sentences proper

State v. Cabrales, 118 Ohio St.3d 54 (2008) (two-tier Johnson approach; abstract element comparison then same-conduct analysis)
State v. Johnson, 128 Ohio St.3d 153 (2010) (overruled Rance; elements-and-conduct test for allied offenses of similar import)
State v. Whitfield, 124 Ohio St.3d 319 (2010) (merger for allied offenses based on Whitfield guidance after Johnson)
State v. Rance, 85 Ohio St.3d 632 (1999) (earlier abstract-elements test for allied offenses)
State v. Foster, 109 Ohio St.3d 1 (2006) (consecutive-sentencing framework prior to Ice; later limited)
State v. Hodge, 128 Ohio St.3d 1 (2010) (Ice does not revive unconstitutional consecutive-sentencing provisions)
State v. Brown, 2008-Ohio-4569 (2008) (same-conduct requirement in Johnson context)
State v. Blankenship, 38 Ohio St.3d 116 (1988) (two-tier allied-offenses test origin)
State v. Nickel, 2011-Ohio-1550 (2011) (summarizes Johnson two-step framework)