State v. King, 2019 Ohio 4523

Seneca County Grand Jury indicted Joey F. King, Sr. on three counts: Count One (rape, first-degree felony), Count Two (sexual battery, second-degree felony), Count Three (gross sexual imposition (GSI), third-degree felony).
King initially pleaded not guilty and filed a written plea of not guilty by reason of insanity; he was later found competent to stand trial.
Pursuant to a written plea agreement, King withdrew prior pleas and pled guilty to Counts Two (sexual battery) and Three (GSI); Count One (rape) was dismissed.
The presentence investigation report (PSI) and King’s admissions indicate repeated sexual contact: the victim disclosed daily contact at bedtime; King admitted to digital contact over clothing five times and one under-clothing digital contact in the living room while others were asleep.
Before sentencing King moved to merge Counts Two and Three for purposes of sentencing; the trial court denied the motion.
The court sentenced King to seven years on Count Two and 36 months on Count Three, to be served consecutively; King appealed, arguing the convictions should have merged.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sexual battery and GSI are allied offenses requiring merger under R.C. 2941.25	State: offenses involved separate conduct occurring multiple times over several months, permitting separate convictions	King: the convictions are allied and should merge for sentencing	The offenses are not allied; convictions may stand separately because the conduct occurred on separate occasions and was not a single act

State v. Ruff, 143 Ohio St.3d 114 (Ohio 2015) (sets the three-part test for allied offenses of similar import)
State v. Earley, 145 Ohio St.3d 281 (Ohio 2015) (applies Ruff and instructs courts to ask whether offenses differ in import, were committed separately, or with separate animus)