State v. Zeigler, 2017 Ohio 7673

In Dec. 2014 Sean Zeigler entered J.R.’s apartment at gunpoint, assaulted her, and committed multiple sexual acts (vaginal penetration and oral penetration) while her three young daughters were present.
Zeigler also forced J.R. to ingest multiple substances (Percocet, rubbing alcohol, toothpaste, Motrin), causing vomiting and visible injury.
Police obtained J.R.’s statement, recovered towels and an empty rubbing-alcohol bottle, and DNA from a genital swab matched J.R.; Zeigler was arrested nearby.
A six-count indictment charged aggravated burglary (two counts), rape (vaginal and oral), felonious assault, and tampering with evidence; firearm specifications were also alleged.
A jury acquitted Zeigler of one aggravated-burglary count and all firearm specifications but convicted him of the remaining counts; the trial court imposed consecutive sentences totaling 37 years.
On appeal Zeigler argued the aggravated burglary, two rapes, and felonious assault were allied offenses of similar import and should have merged under R.C. 2941.25.

Issue	State's Argument	Zeigler's Argument	Held
Whether aggravated burglary, two counts of rape, and felonious assault are allied offenses requiring merger under R.C. 2941.25	The offenses were committed by separate conduct/animus and therefore may be punished separately	The physical-harm elements of the rape(s) and/or felonious assault supplied the physical-harm element of aggravated burglary, so the offenses were the same conduct and must merge	Affirmed: convictions do not merge because the offenses were committed separately (separate conduct)

State v. Washington, 999 N.E.2d 661 (Ohio 2013) (defendant bears burden to show entitlement to merger; merger is a sentencing question)
State v. Ruff, 34 N.E.3d 892 (Ohio 2015) (three-part test for allied-offenses analysis: dissimilar import, committed separately, or separate animus)
State v. Rogers, 38 N.E.3d 86 (Ohio 2015) (preservation and plain-error framework for allied-offenses claims)