State v. Sludder, 2012 Ohio 4014

Sludder broke into a Lima building circa March 19–21, 2011 and stole furniture valued at $4,719.95.
He was indicted May 12, 2011 on Count 1: Breaking and Entering (fifth degree) and Count 2: Theft (fifth degree).
He pled not guilty at arraignment on May 18, 2011.
A jury found Sludder guilty on both counts on October 31, 2011; he was sentenced to one year on each count with concurrent execution and consecutive to any parole violation.
Sludder filed a timely appeal on November 29, 2011 challenging the sentences as allied offenses of similar import.
The appellate court affirmed, holding the offenses are not allied and may be punished separately.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the offenses allied offenses of similar import?	State contends the offenses are not allied and may be punished separately.	Sludder argues the offenses are allied and should merge for conviction and sentencing.	Not allied; may be separately punished; judgment affirmed.

State v. Stall, 2011-Ohio-5733 (3d Dist. 2011) (two-step allied-offenses test under R.C. 2941.25)
State v. Johnson, 2010-Ohio-6314 (Ohio Supreme Court 2010) (two-part inquiry for allied offenses; animus and same conduct)
State v. Brown, 2008-Ohio-4569 (Ohio Supreme Court 2008) (single act, single state of mind; allied offenses analysis)
State v. Turner, 2011-Ohio-6714 (2nd Dist. 2011) (one offense completed before the other; offenses not merged)
State v. Fraizer, 58 Ohio St.2d 253 (1979) (historical framework for merger of offenses)
State v. Talley, 18 Ohio St.3d 152 (1985) (animus and conduct-based merger analysis)