State v. Rogers

{¶ 1} The Eighth District Court of Appeals, sitting en banc, concluded that “where it is clear from a facial review of the charges that the offenses may be allied, even when facts necessary to determine the conduct of the offender are missing,” 2013-Ohio-3235, 994 N.E.2d 499, ¶ 24 (8th Dist.), a trial court has “a duty to inquire and determine under R.C. 2941.25 whether those offenses should merge” for sentencing purposes, id. at ¶ 63. The en banc court recognized that its decision conflicted with State v. Wallace, 6th Dist. Wood No. WD-11-031, 2012-Ohio-2675, 2012 WL 2196290, and certified…