State v. Bushner, 2012 Ohio 5996

Bushner involved in an affray at Cory Prettyman’s apartment; he shot an unarmed participant and fled.
Florida false imprisonment conviction (2006) used to prove a felony offense of violence for Ohio weapons-while-under-disability charge; record lacks underlying nature of Florida conviction.
Trial court denied defense motion to dismiss the weapons-under-disability charge; the record did not establish which Ohio-violent offense matched Florida conviction.
Record contains only Florida judgment entry; underlying facts not shown, so substantial-evidence equivalence could not be conclusively determined at trial.
On appeal, the court remands for a hearing to ascertain the nature of the Florida conviction and whether it supports the Ohio offense of violence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Weapons under disability—equivalence of Florida conviction	Bushner’s Florida conviction is not shown to be equivalent to an Ohio violence offense.	State relied on Florida false imprisonment as violence; lack of underlying record prevents determination.	Remand for evidentiary hearing to determine nature of Florida conviction.
Castle doctrine/self-defense jury instructions	Castle doctrine should have been expressly given to negate duty to retreat.	Court properly instructed on castle doctrine and related self-defense elements.	No plain error; instruction adequate.
Consecutive sentences under revised statutes	Consecutive terms improperly imposed under Foster/Hodge issues.	Statutes re-enacted; compliance with 2929.14(C) suffices.	Consecutive sentences approved under 2929.14(C); no reversible error.
Multiple firearm specifications part of same act	Specifications should be merged if arising from same acts.	Statutory directives require multiple terms when conditions met.	Court properly imposed multiple specifications as required by statute.
Cumulative error	Numerous errors collectively deprived trial of fairness.	No cumulative error; record not shown to violate fair trial.	No reversible cumulative error.

State v. Lloyd, 132 Ohio St.3d 135 (2012-Ohio-2015) (out-of-state offense substantial-equivalence analysis; burden on State)
State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (non-requirement of judicial fact-finding for consecutive terms (Foster framework))
State v. Hodge, 128 Ohio St.3d 1 (2010-Ohio-6320) (reinstatement of severed provisions; guidance on consecutive sentencing post-Foster)