State v. Maldonado

Citations

• 2020 Ohio 5616

Syllabus

R.C. 2941.146 discharging firearm from a motor vehicle R.C. 2923.162 discharging a weapon over prohibited premises conceded error felonious assault five-year firearm specification (discharge firearm from motor vehicle) aggravated assault instruction inconsistent verdicts Sierah's Law Violent Offender Database Registry ineffective assistance of counsel. The state conceded that the R.C. 2941.146 five-year firearm specification for discharging a firearm from a motor vehicle is not applicable to a charge of discharge of a firearm over prohibited premises in violation of R.C. 2923.162 conviction for discharge of a weapon over prohibited premises was supported by sufficient evidence and was not against the manifest weight of the evidence acquittals on one-and three-year firearm specifications were not fatally inconsistent with convictions for felonious assault with five-year firearm specification and conviction for discharge of firearm over prohibited premises instruction on lesser offense of aggravated assault was erroneously denied the state conceded that Sierah's Law was inapplicable because defendant was not convicted of a qualifying offense claim of ineffective assistance of counsel was not well taken.