Background

• Appellant William Todd Schleehauf abducted and threatened his 14-year-old daughter in her apartment on May 1, 2012, forcing her inside, threatening her with a knife, and attempting to rape her at knifepoint.
• On August 1, 2012, a grand jury returned an 11-count indictment for burglary, aggravated burglary, attempted rape, rape, kidnapping, domestic violence, tampering with evidence, and escape.
• At plea, Schleehauf pled guilty to kidnapping (A2) with a repeat violent offender specification, attempted rape, and aggravated burglary.
• The trial court denied merger of the three counts and sentenced: 11 years for kidnapping, 10 years for the repeat violent offender spec, 8 years for attempted rape, and 11 years for aggravated burglary, to be served consecutively for a 40-year total.
• Appellant challenged the court’s decision not to merge aggravated burglary and kidnapping as allied offenses under R.C. 2941.25, and the court analyzed merger de novo under Johnson/Craycraft framework.
• The appellate court affirmed, holding aggravated burglary and kidnapping were committed by separate acts with separate animus, thus not allied offenses; the judgment was affirmed.

Issues

Key Cases Cited

• State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314 (Ohio Supreme Court 2010) (two-part test for allied offenses under 2941.25)
• State v. Ozevin, 2013-Ohio-1386 (Ohio 2013) (first part: same conduct; second part: separate acts/animus not satisfied here)
• State v. Craycraft, 193 Ohio App.3d 594, 2011-Ohio-413 (Ohio App. 2011) (applies Johnson framework for allied offenses)
• State v. McCullough, 2011-Ohio-992 (Ohio App. 2011) (discusses separate acts/animus under Johnson)
• State v. Logan, 60 Ohio St.2d 126, 1979 (Ohio Supreme Court 1979) (animus analysis for kidnapping vs. other offenses)
• State v. Thornton, 2009-Ohio-3685 (Ohio App. 2009) (animus and separate-conduct considerations for kidnapping/related offenses)