State v. Bryant

Citations

• 2026 Ohio 1674

Syllabus

Appellant's convictions for three counts of felonious assault with a deadly weapon were supported by sufficient evidence and were not against the manifest weight of the evidence. The trial court erred by ordering three consecutive prison terms for the firearm specifications attached to appellant's felonious assault counts because the law authorizes consecutive sentences for only two of the firearm specifications. The trial court, however, did not err by ordering three consecutive prison terms for appellant's felonious assault convictions. Appellant's claim that the imposition of maximum, consecutive prison terms was vindictive and meant to punish his exercise of his right to a jury trial lacks merit because the record does not clearly and convincingly establish that the trial court acted with actual vindictiveness in sentencing appellant. Judgment affirmed in part, reversed in part, and remanded for the sole purpose of resentencing appellant on the firearm specifications.