State v. Underwood

{¶ 1} This case presents us with the question of whether R.C. 2953.08(D)(1)1 precludes an appeal of a jointly recommended sentence when that sentence includes multiple counts of allied offenses of similar import. Because we con-*366elude that such a sentence is not authorized by law, and is therefore appealable, we affirm.

Case Background

{¶ 2} Richard Underwood, the appellee, was originally indicted on August 1, 2006, on one count of aggravated theft, a felony of the third degree, and two counts of theft, felonies of the fifth degree. A supplemental indictment, identified as the “B” indictment,…