State v. Rance

In State v. Rance (1999), 85 Ohio St.3d 632, 1999 Ohio 291, 710 N.E.2d 699, the Supreme Court set out a two-part test to determine when convictions may be obtained for two or more allied offenses of similar import. In the first step, the elements of the offenses at issue are compared in the abstract to determine whether the elements correspond to such a degree that the commission of one offense will result in the commission of the other. Id. at 638. However, if a defendant commits offenses of similar import separately or with a separate animus, he may be punished for both of them pursuant to R.C. 2941.25(B). Id.The Supreme Court of Ohio held pursuant to R.C. 2941.25(A), that if a defendant's actions can be construed to constitute two or more allied offenses of similar import he may be convicted of and sentenced for only one. The court further found, however, that if a defendant commits offenses of a dissimilar import separately or with a separate animus, he may be punished for both, pursuant to R.C. 2941.25(B). Id. at 636. The Rance court further determined that criminal offenses are allied offenses of similar import if, after being examined in the abstract, they correspond to such a degree that the commission of one crime will result in the commission of the other. Id., at paragraph one of the syllabus. If the elements do not so correspond, the offenses are of dissimilar import and the court's inquiry ends there. Id. at 636. The Ohio Supreme Court held that offenses were of similar import if the offenses "correspond to such a degree that the commission of one crime will result in the commission of the other." Id. The Rance court further held that courts should compare the statutory elements in the abstract, which would produce clear legal lines capable of application in particular cases. Id. at 636. If the elements of the crime so correspond that the offenses are of similar import, the defendant may be convicted of both only if the offenses were committed separately or with a separate animus. Id. at 638-39.