State v. Morris, 2023 Ohio 1765

Morris had prior drug-related convictions and was on community control with a condition prohibiting presence where firearms were present.
On Jan. 28, 2022, police found Morris in a vehicle; an inventory later revealed a loaded handgun and small amounts of drugs in the console.
June 10, 2022 indictment (2022 CR 01403) charged Morris with weapons under disability (R.C. 2923.13(A)(3)) and carrying a concealed weapon (R.C. 2923.12(A)(2)), among other counts; he pleaded guilty to the two weapon counts and admitted a revocation violation in an earlier case.
At sentencing the court imposed concurrent 12-month terms on both weapon counts and did not address merger; Morris did not object at trial and appealed.
On appeal Morris argued the court erred by failing to consider whether the two offenses merged under R.C. 2941.25; the State argued the offenses require different mental states and do not merge.
The court applied plain-error review, found the offenses were committed with separate animus (distinct motives), concluded merger was not warranted, and affirmed the convictions and concurrent sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the convictions for having a weapon under disability and carrying a concealed weapon should have merged under R.C. 2941.25	State: offenses have different mental states and dissimilar import, so they do not merge	Morris: trial court erred (plain error) by failing to consider merger of the two weapon counts	Court: No plain error; offenses committed with separate animus, merger not required; judgment affirmed

State v. Williams, 983 N.E.2d 1245 (Ohio 2012) (de novo review applies to merger questions)
State v. Ruff, 34 N.E.3d 892 (Ohio 2015) (framework requiring analysis of dissimilar import, separate conduct, or separate animus)
State v. Johnson, 942 N.E.2d 1061 (Ohio 2010) (defendant's conduct must be considered when evaluating allied offenses)
State v. Rice, 433 N.E.2d 175 (Ohio 1982) (distinguishing gravamen of carrying concealed weapon from having a weapon under disability)
State v. Underwood, 922 N.E.2d 923 (Ohio 2010) (trial court's duty to merge allied offenses remains reviewable even when parties recommend sentence)
State v. Rogers, 38 N.E.3d 860 (Ohio 2015) (defendant bears burden to show reasonable probability that offenses are allied and committed with same animus)
State v. Barnes, 759 N.E.2d 1240 (Ohio 2002) (elements of plain-error doctrine)
State v. Long, 372 N.E.2d 804 (Ohio 1978) (plain-error notice to be taken with utmost caution)
State v. Logan, 397 N.E.2d 1345 (Ohio 1979) (animus defined as immediate motive)