State v. Womack, 2019 Ohio 1964

Womack was indicted on multiple counts including unlawful sexual conduct with a minor; he pled guilty to Counts 2, 4, and 6 (each third-degree felonies) and other counts were dismissed.
Count 2 alleged sexual conduct between June 17, 2014–June 16, 2015; Count 4 alleged June 17, 2015–June 16, 2016; Count 6 alleged August 1–31, 2015.
At plea, the state recited that Womack was the father of the victim’s child (born May 16, 2016), DNA confirmed paternity, and the victim reported multiple sexual encounters from ages 14–16 at various residences.
The court accepted the pleas, ordered a PSI, and later imposed consecutive 36-month terms on each count (total 9 years); defense objected to consecutive sentences but not to merger at sentencing.
Post-sentencing, Womack moved to merge Counts 4 and 6 on allied-offense grounds due to overlapping dates; the trial court did not merge, and Womack appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Counts 4 and 6 are allied offenses that must merge under R.C. 2941.25	State: recited facts show separate acts (DNA, birth timing) supporting convictions on both counts	Womack: overlapping dates indicate same conduct so counts are allied and must merge	Court: Counts 4 and 6 refer to separate conduct (distinct time periods/acts) and do not merge

State v. Ruff, 143 Ohio St.3d 114 (2015) (sets the Ruff three-factor allied-offenses test: conduct, animus, import; allows conviction on multiple counts if conduct shows separate offenses, separate animus, or dissimilar import)
State v. Williams, 134 Ohio St.3d 482 (2012) (de novo review standard for allied-offense merger determinations)