State v. Rainer, 2013 Ohio 963

Rainer pled guilty to five counts of felonious assault arising from a bar stabbing that harmed two victims, Rebecca Henry (counts 1,3,4,5) and Christopher Derr (count 2).
The trial court merged counts 3 and 4 into count 1 for sentencing; count 5 was deemed to have a separate animus and timing from the others and was not merged.
Count 2 (Derr) was treated as separate animus and not merged.
The resulting sentence was two years for counts 1 and 5 (concurrent) and two years for count 2 (consecutive), totaling four years.
On appeal, Rainer challenged (1) the failure to merge all Henry-related counts and (2) the imposition of partially consecutive sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Henry counts should all merge for sentencing.	State argues separate act/animus supports non-merger.	Rainer contends Henry back wound was not separate in time or animus from chest/arm wounds.	Count 5 not merged; separate act/animus supported.
Whether the consecutive sentencing on Derr warranted abuse-of-discretion review.	State contends procedures and factors justify consecutive term.	Rainer claims disparity in harm warrants concurrent terms.	No abuse of discretion; aggregate four-year term upheld.

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (determines allied-offense analysis and separate/animus considerations de novo)
State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step sentencing framework; consecutive-sentence findings)
State v. Wilson, 2008-Ohio-4130 (2d Dist. Montgomery No. 22120) (separate felonious assaults may be distinct acts with separate animus)
State v. Du, 2011-Ohio-6306 (2d Dist. Greene No. 2010-CA-27) (consecutive-sentencing findings under statutory framework)