State v. Ali

Citations

• 2024 Ohio 5325

Syllabus

Bollar, R.C. 2941.25(A); allied offenses; R.C. 2929.14(B)(1)(b) and (g); firearm specifications; sentencing; felonious assault; R.C. 2903.11(A); merger; double jeopardy; coercion; right to trial. Judgment affirmed. Appellant's sentence was not contrary to law when the trial court followed the Ohio Supreme Court's decision in State v. Bollar, 2022-Ohio-4370, and ordered the three year firearm specifications to be run consecutively on the merged counts. The Bollar Court held that a firearm specification survives merger under the plain language of R.C. 2929.14(B)(1)(g). Furthermore, there is no violation of double jeopardy when a trial court complies with the statute in imposing a separate sentence on such a specification. Finally, appellant was not coerced into taking a plea to avoid consecutive sentences. Appellant exercised his right to trial.