State v. Washington

{¶ 1} In this case, we consider the impact of our syllabus in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, which instructs courts that a defendant’s conduct “must be considered” when determining whether multiple offenses merge at sentencing pursuant to R.C. 2941.25. We hold that the court of appeals erred by relying on Johnson for the proposition that a court may consider a defendant’s conduct only as it was described by the state’s “theory” at trial.

*428Background

{¶ 2} In 2009, a jury found defendant-appellee, David Washington, guilty of several offenses, including one…