State v. Mason

Citations

• 2024 Ohio 2290

Syllabus

Appellant was convicted of reckless homicide with a firearm specification he was sentenced to a mandatory three-year prison term on the firearm specification to be served prior and consecutive to a 36-month \mandatory\ prison term on the reckless homicide. Although the trial court was required to impose a prison term on the reckless homicide because of the firearm specification, the sentence on the reckless homicide was not otherwise a statutorily-mandated prison sentence. Thus, the trial court erred by designating the reckless homicide prison sentence as a mandatory sentence, which would preclude appellant's consideration for judicial release and other potential sentence reductions. The trial court did not err by overruling appellant's Crim.R. 29 motion for acquittal of the reckless homicide the evidence was sufficient to support the conviction. The trial court did not abuse its discretion by admitting into evidence several autopsy photographs used by a pathologist during her testimony regarding the cause of the victim's death. Judgment affirmed in part, reversed in part, and remanded for resentencing.