State v. Warner, 2012 Ohio 716

Warner was indicted on multiple counts of forgery, theft, and possession of criminal tools in a counterfeit check-cashing scheme.
He pled guilty to numerous counts and the state dismissed other counts as part of the plea agreement.
The trial court sentenced Warner to eleven months on each guilty count, some concurrently, for an aggregate 132 months.
Warner argues the trial court erred by separately sentencing theft counts that were allied with corresponding forgery counts.
The State concedes the sentencing error, though the court had indicated it was merging those offenses.
The appellate court vacated the theft sentences, remanded for nunc pro tunc correction, and affirmed all other aspects of the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether theft and forgery offenses were properly merged	Warner: counts 14, 16, 18, 36, 38 should be merged with forgery counts.	State: merger acknowledged but sentencing entries remained separate.	Yes; plain error; vacate theft sentences and remand for correction.

State v. Underwood, 124 Ohio St.3d 365 (2010-Ohio-1) (merger doctrine for allied offenses; requires correction by nunc pro tunc)
State ex rel. Womack v. Marsh, 128 Ohio St.3d 303 (2011-Ohio-229) (authority for nunc pro tunc correction of judgment entries)