State v. Tolliver

Citations

• 2026 Ohio 1615

Syllabus

Not Guilty By Reason Of Insanity (NGRI); Jury Instructions; Consecutive Sentences; R.C. 2929.14(C)(4); Firearm Specifications; R.C. 2929.14(B)(1)(b); R.C. 2941.1412(A); R.C. 2929.14(B)(1)(f). The trial court did not abuse its discretion by refusing to instruct the jury on the affirmative defense of NGRI since the evidence presented at trial was not sufficient to support an NGRI instruction. The trial court did not err by imposing consecutive sentences. The trial court made the appropriate R.C. 2929.14(C)(4) findings necessary to impose consecutive sentences and the record supports the trial court's findings. The trial court did not err by imposing all four of the three-year firearm specifications because the conduct underlying each of the four counts of improperly discharging a firearm at or into a habitation was not committed as part of the same act or transaction. The trial court did not err by imposing 14 of the 16 seven-year firearm specifications concurrently. The trial court was required to impose two of the 16 seven-year firearm specifications that accompanied his felonious-assault convictions, and the trial court acted within its discretion by imposing the remaining 14 seven-year firearm specifications concurrently.