State v. Sheffey, 2020 Ohio 3561

Sheffey was indicted on 13 felony drug counts; he pleaded guilty to three counts in exchange for dismissal of the remainder.
Convictions: Count 1 — aggravated trafficking (U‑47700, a Schedule II drug, 0.55 g); Count 4 — aggravated trafficking (carfentanil, Schedule II, 0.55 g); Count 5 — trafficking in heroin (fifth‑degree).
The parties jointly recommended a three‑year prison term made up of three consecutive 12‑month sentences; the trial court accepted the plea and imposed that sentence.
On appeal Sheffey argued the trial court plainly erred by failing to merge allied offenses (counts 1 and 4) before sentencing, asserting both convictions arose from a single compound containing both drugs.
The court applied the plain‑error framework under Crim.R. 52(B) and State v. Rogers, placing the burden on Sheffey to show a reasonable probability the offenses were allied and committed with the same conduct and animus.
The court concluded Sheffey failed to establish the factual predicate (that the counts arose from the same compound), so no plain error was shown; the conviction and sentence were affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court plainly erred by not merging allied offenses before sentencing	State: No plain error; defendant did not prove the convictions arose from the same conduct/compound	Sheffey: Court had a mandatory duty to determine merger; counts 1 and 4 likely arise from one compound containing both drugs	No plain error; defendant failed to show a reasonable probability the counts were allied; sentence affirmed
Whether counts 1 and 4 are allied offenses because they derive from a single compound	State: The record does not establish a single compound; separate .55 g samples are possible	Sheffey: Counts likely stem from one compound containing both carfentanil and U‑47700 (relying on State v. Lee)	Court: Defendant did not establish the factual predicate for merger; Lee inapplicable on this record; merger not shown

State v. Rogers, 38 N.E.3d 860 (Ohio 2015) (appellant bears burden to show allied‑offense plain error)
State v. Barnes, 759 N.E.2d 1240 (Ohio 2001) (plain‑error standard and caution in noticing plain error)
State v. Lee, 121 N.E.3d 737 (Ohio 2018) (merger required when multiple counts arise from one compound containing different controlled substances)
State v. Pendleton, 113 N.E.3d 551 (Ohio 2018) (contrary view that a single compound can support separate convictions)
United States v. Dominguez Benitez, 542 U.S. 74 (2004) (discussing the burden for showing prejudice under federal plain‑error rule)
State v. Long, 372 N.E.2d 804 (Ohio 1978) (plain‑error doctrine guidance)