State v. Williams, 2016 Ohio 376

Fonte Williams was indicted on aggravated murder, murder, and two felonious-assault counts, all with firearm specifications; he pleaded to reduced involuntary manslaughter (R.C. 2903.04(A)) with a firearm spec and one count of felonious assault (R.C. 2903.11(A)(2)).
The state dismissed the remaining charges and most firearm specifications as part of the plea agreement.
The agreed sentence imposed 11 years for involuntary manslaughter plus 3 years for the firearm specification, and 8 years for felonious assault, ordered consecutively for a total of 22 years.
On appeal Williams argued the two offenses were allied offenses of similar import and should have merged for sentencing (i.e., consecutive sentences were plain error).
The trial record shows Williams and defense counsel expressly agreed the crimes were committed with a separate animus and that the counts should not merge; the prosecutor confirmed the agreement was part of the plea.
The court concluded the plea agreement constituted a waiver of the allied-offense challenge and therefore the agreed consecutive sentences were authorized by law and not subject to appellate review under R.C. 2953.08(D).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consecutive sentences should be reviewed because the offenses were allied offenses of similar import	State: The agreed plea and sentencing are authorized by law; plaintiff (State) relied on the plea stipulation that offenses were separate	Williams: The two convictions were allied and should have merged; consecutive sentences were plain error	Court: Williams waived the allied-offense claim by stipulating separate animus in the plea; appeal dismissed for lack of jurisdiction to review the agreed sentence

State v. Underwood, 124 Ohio St.3d 365, 922 N.E.2d 923 (Ohio 2010) (an agreed sentence is not appealable if authorized by law; parties may stipulate separate animus to avoid merger)
State v. Rogers, 143 Ohio St.3d 385, 38 N.E.3d 860 (Ohio 2015) (distinguishes waiver from forfeiture; an accused can expressly waive allied-offense protections in a plea)
State v. Livingston, 2014-Ohio-1637, 9 N.E.3d 1117 (Ohio) (discusses limits on appellate review of jointly recommended sentences)
State v. Noling, 136 Ohio St.3d 163, 992 N.E.2d 1095 (Ohio 2013) (agreed sentences that comply with mandatory provisions are authorized by law and generally not reviewable on appeal)