State v. Gates, 2019 Ohio 4783

Bedford police stopped a car Gates was driving; a search revealed a loaded firearm in the vehicle.
Gates was indicted for improperly handling firearms in a motor vehicle (originally a fourth-degree felony).
He pleaded guilty to an amended fifth-degree felony count of attempted improperly handling firearms in a motor vehicle and to a forfeiture specification for the firearm.
The trial court sentenced Gates to nine months' imprisonment on November 28, 2018; the sentence was not stayed on appeal and appears fully served.
Because Gates has completed the sentence, the court held his sole sentencing challenge moot but also addressed the merits.
On the merits the court found statutory exceptions applied (Gates admitted transporting the loaded firearm and the plea encompassed conduct with the firearm), so the court had discretion to impose prison.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by imposing a prison term instead of community control under R.C. 2929.13(B)(1)(a)	The State: exception in R.C. 2929.13(B)(1)(b)(i) applies because the offense was committed while the offender had a firearm under his control, permitting prison	Gates: he met the criteria for the presumption favoring community control, so the court was required to impose community control rather than prison	Appeal dismissed as moot (sentence served). On the merits, the court held the statutory exception R.C. 2929.13(B)(1)(b)(i) applied (firearm under control), so prison was proper

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (describing R.C. 2953.08(G)(2) standard of appellate review for felony sentences)
State v. Taylor, 865 N.E.2d 37 (Ohio 2007) (attempted possession is not a separate crime from possession; attempt is subsumed)