State v. Mitchell

In a challenge predicated upon R.C. 2941.25, appellant contends that aggravated burglary and theft are allied offenses of similar import and that an accused may not be convicted of both where they arise out of a single incident. On this basis, appellant urges this court to set aside his two convictions for theft.

The authority relied upon by appellant, R.C. 2941.25, is Ohio’s codification of the judicial doctrine of merger. State v. Thomas (1980), 61 Ohio St. 2d 254 [15 O.O.3d 262], That statute provides as follows:

“(A) Where the same conduct by defendant can be construed to constitute two or…