State v. S.S., 2014 Ohio 5352

S.S., Sr. was convicted by Franklin County Court of Common Pleas on felonious assault and two counts of felony child endangering.
M.K. is cognitively disabled and lived with her mother C.S. and S.S. from 2010 onward.
M.K. testified that S.S. abused her almost daily, including burning with a hot frying pan two days before she fled.
Injuries included second-degree burns on the neck and arm, and extensive bruising; photographs and hospital records corroborated injuries.
Police and witnesses observed M.K. with injuries and fear of S.S.; S.S. was located after fleeing the scene.
Trial court sentenced S.S. to 12 years’ total imprisonment on the three counts, consecutive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the convictions against manifest weight of the evidence?	S.S. asserts convictions are against manifest weight.	State contends evidence supports the convictions.	No; convictions not against weight.
Do the three counts merge as allied offenses under R.C. 2941.25?	S.S. argues counts merge due to same conduct and animus.	State argues counts were based on separate acts and not the same conduct.	No; offenses do not merge; separate acts and distinct animus.

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (two offenses allied; conduct-focused merger test)
State v. Overton, 2011-Ohio-4204 () (merger analysis; separate acts and animus)
State v. Cochran, 2012-Ohio-5899 () (instruction on merger; same conduct not shown)
State v. Damron, 2012-Ohio-5977 () (intervening acts; separate acts negate merger)
State v. Sellards, (State v. Sellards) 17 Ohio St.3d 169 (1985) (timeframe sufficiency; exact date not essential)
State v. Rivera, 2014-Ohio-842 (10th Dist. 2014) (applies Johnson framework; conduct-focused)