State v. Rulong

Citations

• 2020 Ohio 4022

Syllabus

CRIMINAL LAW - SPEEDY TRIAL - denial of continuance no waiver of speedy trial jailed defendant R.C. 2945.71. CRIMINAL PROCEDURE - presumed competent to stand trial denial of competency evaluation mandatory hearing mental illness insufficient indicia of incompetency R.C. 2945.37. CRIMINAL LAW - EVIDENCE - driveby shooting multiple projectiles attempted murder multiple counts denial of Crim.R. 29(A) judgment of acquittal purposely use of firearm reasonably likely to produce death. CRIMINAL LAW - LESSER INCLUDED - denial of jury instruction lesser included offense attempted reckless homicide substantial and unjustifiable risk insufficient evidence to warrant instruction. CRIMINAL LAW - SENTENCING - double jeopardy firearm specifications penalty enhancements R.C. 2929.14(B)(1)(g) merger of multiple specifications not required R.C. 2929.14(C)(1)(a) consecutive sentences for multiple specifications required no presentence investigation consecutive sentences based on criminal conduct, not criminal history.