State v. Morris, 2012 Ohio 2498

Morris pleaded guilty to felonious assault (2nd degree) and aggravated riot (4th degree) after participating in a Cleveland Heights riot on Oct 22, 2010.
The state dismissed other charges; Morris agreed to cooperate with prosecutors against codefendant Pollard.
Sentencing on Aug 5, 2011: six years for felonious assault and one year for aggravated riot, to be served consecutively; restitution $60,000; advised of 3-year postrelease control.
Morris argued for merger of felonious assault and aggravated riot based on same conduct; the trial court and appellate court rejected merger.
Morris contends the court erred in not separately informing him of postrelease control for each conviction; the court held a single PRC term applies when multiple convictions exist.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether felonious assault and aggravated riot are allied offenses requiring merger	Morris argues they are allied offenses	State argues they are not allied offenses	Not merged; separate offenses
Whether postrelease control must be separately informed for each conviction	Morris argues separate PRC terms required	State argues one PRC term applies to multiple convictions	One consolidated PRC term proper; multiple PRCs not required

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (redefines allied offenses test under R.C. 2941.25; focus on conduct)
State v. Rance, 85 Ohio St.3d 632 (1999-Ohio-291) (abandoned abstract-element comparison)
State v. Brown, 119 Ohio St.3d 447 (2008-Ohio-4569) (single act, single state of mind; factors for merger)
State v. Pollard, 2012-Ohio-1196 (8th Dist. No. 97166) (upheld non-merger for codefendant; separate acts/animus)
Durain v. Sheldon, 122 Ohio St.3d 582 (2009-Ohio-4082) (regarding multiple post-release control terms)
State v. Orr, 8th Dist. No. 96377 (2011-Ohio-6269) (supports single PRC period; concurrent terms)
State v. Saxon, 109 Ohio St.3d 176 (2006-Ohio-1245) (allocation of PRC advisement in multi-conviction cases)