Test to Determine When Convictions May Be Obtained for Two or More Allied Offenses of Similar Import
In State v. Rance, 85 Ohio St.3d 632, 1999 Ohio 291, 710 N.E.2d 699, the Supreme Court of Ohio established 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.
If the offenses are dissimilar, the inquiry ends and multiple convictions are permitted. Id. at 636.
In contrast, if the offenses are allied offenses of similar import under R.C. 2941.25(A), a defendant may not be convicted of both of them unless, as stated in R.C. 2941.25(B), the offenses were committed separately or with separate animus. Rance, 85 Ohio St.3d at 638-39; State v. Jones, 78 Ohio St.3d 12, 13-14, 1997 Ohio 38, 676 N.E.2d 80.