State v. Collins, 2013 Ohio 2419

Collins, a felon, had a gun in his vehicle during a July 1, 2011 confrontation that led to a deadly shootout.
Lilly Dawn Claggett was killed and Jesse Collins was paralyzed in the exchange; Collins directed investigators to the gun the next day.
In August 2011, Collins was indicted on multiple counts including murder-related charges, felonious assault, having weapons under disability, and tampering with evidence, all with firearm specifications.
At trial, the jury acquitted Collins of the murder and related charges but found him guilty of having weapons under disability and tampering with evidence, each with a firearm specification.
Sentencing in August 2012 ordered consecutive terms totaling seven years, with credit for time served.
Collins appealed, challenging the maximum consecutive sentences and the use of improper factors in sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether imposing maximum concurrent sentences was proper	Collins argues maximum sentences were improper.	State contends sentences within statutory range and not error.	Maximum consecutive sentences within range; no improper basis shown.
Whether any improper factors were used to justify the maximum sentences	Collins claims court relied on improper factors (including acquitted counts).	State asserts sentencing facts were proper and supported by record.	No reversible error; court considered permissible factors and record supports consecutive terms.

State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step review for felony sentencing; compliance with law first, then abuse-of-discretion)
State v. Blake, 2004-Ohio-1952 (3rd Dist.) (forbids basing maximum sentence on dismissed charges; improper reliance on dismissed counts improper)
State v. Bonnell, 2012-Ohio-5150 (Del. App.) (requires clear record support for consecutive sentences)
State v. Wells, 2013-Ohio-1179 (Cuyahoga App.) (HB 86 retroactivity and consecutive-sentence findings discussions)