State v. Smith

Citations

• 210 N.E.3d 1177
• 2023 Ohio 866

Syllabus

Defendant failed to offer facts supporting claim of merger. Gross sexual imposition and abduction convictions did not merge where defendant lured or pulled victim into car, drove her to alley where he sexually assaulted her, prolonged restraint so second assailant could assault victim, then drove her to another location. Restraint was prolonged beyond original assault to permit second assault, which caused harm separate from underlying assault, and victim was not immediately released after being attacked.