State v. Dwyer

Citations

• 2022 Ohio 490

Syllabus

Following a jury trial, appellant was found guilty of attempted murder, aggravated robbery, and felonious assault, along with firearm specifications. None of the convictions were against the manifest weight of the evidence. The State presented sufficient evidence to support the attempted murder conviction. The trial court did not err by not merging the attempted murder and felonious assault convictions. The trial court's consecutive sentencing findings were not clearly and convincingly unsupported by the record. The record indicates that the trial court gave some consideration to appellant's present and future ability to pay a fine thus, the $10,000 fine was not contrary to law. Finally, the trial court erred when it concluded that the three-year consecutive sentence for the firearm specification attached to the felonious assault count was a mandatory sentence. Under R.C. 2929.14(B)(1)(g), the trial court had the discretion to impose, or not impose, a three-year consecutive sentence for this firearm specification. Judgment affirmed in part, reversed in part, and remanded for resentencing on the firearm specification attached to the felonious assault count.