Thursday, February 24, 2011

Ohio "firearm provision" not separate offense

The Ohio Supreme Court this morning held that the "firearm specification" provision of state law that adds three years to the prison sentence of an offender who uses a firearm in the commission of a felony does not charge the defendant with a separate criminal offense. The state's allied offenses of similar import statute (R.C. 2941.25), therefore, does not require the firearm specification and the underlying offense to be merged for sentencing. In other words, the defendant is required to serve a sentence for discharging a firearm and serve an additional three-year sentence for using a firearm during the commission of that offense.

State v. Ford, Slip Opinion No. 2011-Ohio-765

1 comment: said...

Wow, there is a lot of effective info in this post!