Are Child Endangering and Felony Murder Predicated on Child Endangering 'Allied Offenses' Subject to Merger?

Or May Defendant Be Convicted, Sentenced Separately on Both Charges

State of Ohio v. Fred Johnson, Case no. 2009-1481

1st District Court of Appeals (Hamilton County)

ISSUE: Are the elements of the crime of child endangering set forth in R.C. 2929.22(B)(1) sufficiently similar to the elements of felony murder predicated on child endangering that the murder offense cannot be committed without also committing child endangering, thereby making the two crimes "allied offenses of similar import" subject to a single sentence?