If Convictions Arise from Same Conduct Multiple Convictions Are Allowed If They Are Not Allied Offenses of Similar Import
In State v. Cooper, 104 Ohio St.3d 293, 296, 2004 Ohio 6553, 819 N.E.2d 657, the Ohio Supreme Court established a two step process for the courts:
determine whether the convictions resulted from the same conduct or a single act or animus;
if they did, engage in the allied offense analysis to determine whether the offender should have been sentenced for only one conviction.
Thus, if the convictions resulted from different conduct or separate and distinct acts or animuses, the allied offense analysis is irrelevant and multiple convictions are allowed.
Further, even if the convictions did arise out of the same conduct or a single act or animus, multiple convictions are still allowed as long as the offenses are not allied offenses of similar import. Cooper, 104 Ohio St.3d at 296-97.