- Typically, Ohio law prohibits a defendant from being sentenced for two crimes if the underlying conduct is the same for both crimes and if the crimes were committed for a single purpose.
In this case, Defendant McCullough was found to have taken the victim, moved her by force or threat of force a few blocks away, and then robbed and killed her. The robbery was satisfied by the taking of a person's property by force, threat of force, or deception (force in this case). The kidnapping was satisfied by transporting or restraining the victim (transporting in this case) by force, threat of force, or deception. The issue before the Court was whether the robbery and kidnapping were separate offenses or if they should be merged as allied offenses.
The test for determining whether sentences may be imposed for two different crimes is two-pronged. The first prong is to determine whether the same conduct may result in both crimes. If the answer is yes, then the second prong is to determine whether the defendant acted with a single motive.
The Court applied the two-pronged test to determine whether both robbery and kidnapping sentences could be imposed against Defendant McCullough. Regarding the first prong, it found that robbery implicitly involves the restraint of another by force, threat or deception - which fits the basic definition of kidnapping. Accordingly, the Court found that robbery and kidnapping may both be accomplished by the same conduct. Regarding the second prong, the Court found that the two offenses were not committed with the same animus. It noted that, while kidnapping could be merely incidental to a common robbery, the victim in this case was transported two blocks away. Far from incidental to the robbery, the transportation to a more secluded location was prolonged, secretive, and substantial. Accordingly, the Court held that the kidnapping was the result of a separate animus and that Defendant McCullough was properly convicted and sentenced to both offenses.
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