State v. Recob, 2014 Ohio 929

Indictment in Nov. 2012 charged 31 counts: pandering sexually-oriented matter involving a minor (counts 1–7, 8–30), possessing criminal tools (count 31), with property forfeiture; dates range July 13–Aug 30, 2012 (Counts 1–4 July 13; Counts 5–7 July 23).
Plea negotiations began March 14, 2013; court questioned allied offenses; defense reviewed a new forensic report potentially affecting allied determination.
Plea hearing deferred to review report; defense counsel indicated no issue on allied offenses after considering law and report.
On April 23, 2013 Recob pled guilty to Counts 1–16 and Count 31; the state and Recob stipulated that these offenses were not allied offenses of similar import.
Sentencing: Counts 8–16 sentenced to four years each (concurrent); Count 31 sentenced to 10 months (consecutive); Counts 1–7 given five years of community control, consecutive to prison term.
Recob appeals claiming no merger for allied offenses; the court affirms, finding the plea stipulation controlled and meriting no mandatory merger.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court was required to merge allied offenses at sentencing.	State argues offenses were not allied due to stipulation.	Recob argues the offenses are allied and should have merged.	No error; stipulation negates merger requirement.

State v. Underwood, 124 Ohio St.3d 365 (2010-Ohio-1) (allied offenses must be merged; plea agreement may affect merger unless silent on allied offenses)
State v. Mannarino, 8th Dist. Cuyahoga No. 98727 (2013-Ohio-1795) (plea stipulation that offenses are not allied controls merger analysis)
State v. Ward, 8th Dist. Cuyahoga No. 97219 (2012-Ohio-1199) (recognizes court may rely on plea stipulation on allied offenses)
State v. Donaldson, 2d Dist. Montgomery No. 24911 (2012-Ohio-5792) (further authority on allied offenses and plea stipulations)