Allied Offenses of Similar Import
In determining whether two or more offenses constitute allied offenses of similar import under R.C. 2941.25(A), a two-step test is employed.
In the first step, the statutorily defined elements of the crimes are compared in the abstract, without reference to the facts of the case or the defendant's conduct constituting the offense. State v. Rance, 85 Ohio St.3d 632, 1999 Ohio 291, 710 N.E.2d 699.
If the elements of the offenses correspond to such a degree that commission of one crime will result in commission of the other, the crimes are allied offenses of similar import, and the court must then proceed to the second step. Id.
If the elements do not so correspond, the offenses are of dissimilar import, and the court's inquiry ends. Id.
In the second step, the defendant's particular conduct is reviewed to determine whether the defendant can be convicted of both crimes.
If the court finds either that the crimes were committed separately or that there was a separate animus for each crime, the defendant may be convicted of both offenses. Id.
"In determining whether offenses are allied offenses of similar import under R.C. 2941.25(A), courts are required to compare the elements of offenses in the abstract without considering the evidence in the case, but are not required to find an exact alignment of the elements. Instead, if, in comparing the elements of the offenses in the abstract, the offenses are so similar that the commission of one offense will necessarily result in commission of the other, then the offenses are allied offenses of similar import." State v. Cabrales, 118 Ohio St.3d 54, 2008 Ohio 1625, 886 N.E.2d 181, paragraph one of the syllabus, clarifying Rance.