State v. Szidnik, 2011 Ohio 4093

Szidik was charged in March 2010 with ten counts of gross sexual imposition (GSI), each with a sexually violent predator specification.
Pursuant to a plea agreement, Szidik pled guilty to two amended GSI counts and eight counts were nolled.
The trial court sentenced Szidik to four years on each of the two counts, consecutive for an aggregate eight-year term.
Szidik appealed, challenging the indictment as ten indistinguishable carbon-copy counts and challenging whether the two counts should have been merged.
Szidik argued the indictment violated due process and double jeopardy; the state contended pretrial objections were waived by the guilty plea.
The appellate court overruled both assignments and affirmed the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Indictment validity and pretrial notice vs. double jeopardy	Szidik argues ten carbon-copy counts violate due process and double jeopardy.	State contends plea withdrawal and waiver preclude such challenges.	Overruled; indictment defects waived by guilty plea.
Whether two GSI counts are allied offenses and must merge	Szidik contends the two counts are indistinguishable allied offenses.	State argues counts can be separate incidents; no merger required.	Overruled; counts distinguished by separate incidents/conduct; not allied offenses.

State v. Biros, 78 Ohio St.3d 426 (1997-Ohio-204) (waiver of pre-plea indictment defects under Crim.R.12(C)(2))
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (redefines allied offenses test under R.C. 2941.25; conduct-focused inquiry)
State v. Underwood, 124 Ohio St.3d 365 (2010-Ohio-1) (plain-error review for failure to merge allied offenses)
State v. Rance, 85 Ohio St.3d 632 (1999-Ohio-291) (overruled abstract element comparison; focus on conduct)
State v. Spates, 64 Ohio St.3d 269 (1992-Ohio-130) (plea-related waiver principles and admissibility of prior rights)