State v. Creamer

Citations

• 2025 Ohio 5430

Syllabus

The trial court did not abuse its discretion by denying appellant's request for a trial continuance. The trial court did, however, violate R.C. 2929.14(B)(1)(e) by imposing a prison term for a firearm specification attached to appellant's offense of improperly handling firearms in a motor vehicle; accordingly, that portion of appellant's sentence is contrary to law. The trial court did not commit plain error by failing to give a jury instruction on aggravated assault as an inferior-degree offense to felonious assault, and appellant's trial counsel did not provide ineffective assistance by failing to request such an instruction during trial. Judgment affirmed in part and modified in part, and matter remanded to the trial court for the sole purpose of issuing a new sentencing entry. (Huffman, J., concurring.) (Tucker, J., concurring in both the majority opinion and the concurrence.)