State v. Holliman

Citations

• 2025 Ohio 1187

Syllabus

One- and three-year firearm specifications attendant to same count; R.C. 2929.14(B)(1)(g); sentencing on firearm specifications is not analogous to sentencing for allied offenses; trial court decides under which specification defendant will be sentenced. Judgment affirmed. The trial court did not err in sentencing the defendant on the one-year firearm specification after he was found guilty of both the one- and a three-year firearm specification for the same count. The exception under R.C. 2929.14(B)(1)(g) is inapplicable to this case, and the other relevant statutes — R.C. 2941.141(B) and 2941.145(B) — preclude sentencing on both a one- and three-year firearm specification attendant to the same count. The statutes do not elevate the three-year specification over the one-year specification. Firearm specifications are sentencing enhancements and are not analogous to allied offenses, where the State chooses which count to proceed to sentencing on.