State v. Kwambana, 2014 Ohio 2582

Kwambana pled guilty to four kidnapping counts after dismissal of aggravated robbery and gun specs; aggregate 32-year sentence imposed.
Indictment charged one aggravated-robbery count and four kidnapping counts with firearm specifications; co-defendant Chipemba involved in the robbery.
Plea hearing transcript read into record the facts describing the four victims bound, hogtied, and restrained during the restaurant robbery.
Evidence shows four distinct victims were restrained in separate incidents within the Golden Corral; each kidnapping involved a different victim.
Trial court ruled the kidnapping counts did not merge; Kwambana appeals challenging merger; the appellate court affirms the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the four kidnapping convictions are allied offenses and must merge	Kwambana argues the counts share same conduct	Kwambana contends merger required under Johnson/Injury	Not merged; four kidnappings not allied offenses

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (two-part test for allied offenses of similar import)
State v. Luong, 2012-Ohio-4520 (12th Dist. Brown No. CA2011-06-110) (separate victims negate merger; animus per offense)
State v. Lung, 2012-Ohio-5352 (12th Dist. Brown No. CA2012-03-004) (each kidnapping against different victim; no merger)
State v. Standifer, 2012-Ohio-3132 (12th Dist. Warren No. CA2011-07-071) (different victims; not allied offenses)
State v. Estes, 2014-Ohio-767 (12th Dist. Preble No. CA2013-04-001) (Johnson framework applied to determine merger)