State v. Benson

Citations

• 2025 Ohio 1541

Syllabus

Gun specifications; sufficiency of the evidence. Judgment affirmed in part, reversed in part, and remanded. A gun specification and whether the offender was armed with a gun in the commission of an offense are distinct considerations. The evidence was insufficient to sustain firearm specifications for an assault that occurred before the defendant told the victim to get her gun. The evidence was also insufficient to sustain the gun specification for an incident that occurred when the defendant and victim were removed from the place where the gun was under the defendant's control and the defendant did not threaten the victim by stating he had the gun.