State v. Reed, 192 Ohio App. 3d 657

Reed was charged in May 2009 with two counts of felonious assault and one count of child endangering for injuries to his four‑month‑old son (J.R.).
J.R. suffered serious injuries (subdural hemorrhages, fractures, lacerations, bruises) that occurred over weeks, not all at once.
The birth mother and Reed initially blamed a nonexistent babysitter.
Reed pled guilty to all three counts and was sentenced to 7 years on each felonious assault count and 3 years on the child endangering count, to be served consecutively for a total of 17 years.
Reed appealed on two theories: (1) the consecutive-sentence regime was contrary to law/abuse of discretion, and (2) the felonious assault and child endangering were allied offenses that should have merged for sentencing.
The court applied Kalish to review the sentence, concluded the sentence was not contrary to law, and held the offenses were not allied for merger.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the consecutive sentences comply with law and are not an abuse of discretion.	Reed argues the consecutive terms are unlawful and an abuse of discretion.	Reed contends the court failed to justify consecutive sentencing.	No; sentences within statutory range and not an abuse of discretion.
Whether felonious assault and child endangering are allied offenses requiring merger.	State argues the offenses are not allied due to separate conduct.	Reed argues they are allied and should merge.	Not allied; they were based on separate conduct with separate animus.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (set forth two-step Kalish framework for reviewing sentences after Foster)
State v. Foster, 2006-Ohio-856 (2006-Ohio-856) (eliminated mandatory judicial fact-finding for sentencing within range)
State v. Mathis, 109 Ohio St.3d 54 (2006-Ohio-855) (sustains discretion within statutory ranges; still applies statutes)
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (defines how to determine allied offenses of similar import under 2941.25)
State v. Hodge, 128 Ohio St.3d 1 (2010-Ohio-6320) (discusses Ice and consecutive sentencing framework post-Foster)