State v. Kleinhans, 53 N.E.3d 755

On June 24, 2014, Kleinhans and an accomplice entered a home in Caldwell, Ohio; Kleinhans wore a holstered .45 and brought his 7‑year‑old son, who unlocked a door from inside.
They removed a fire pit; while exiting, a neighbor confronted them and Kleinhans threatened to shoot the neighbor after he had left the house.
A Noble County grand jury indicted Kleinhans on burglary, theft from an elderly person, aggravated robbery (later dismissed), endangering children, and contributing to the delinquency of a minor; several counts included firearm specifications.
Kleinhans pled no contest to burglary (with a firearm specification), theft from an elderly person, and endangering children; he reserved the right to appeal the three‑year firearm specification under R.C. 2941.145.
The trial court denied Kleinhans’s motion to dismiss the three‑year firearm specification and sentenced him to an aggregate five years (including a consecutive three years for the firearm spec); Kleinhans appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the three‑year firearm specification (R.C. 2941.145) applies to the burglary	The State argued the three‑year spec applied because Kleinhans had a firearm and threatened the neighbor	Kleinhans argued the threat (and any display) occurred after the burglary had terminated, so only the one‑year spec (R.C. 2941.141) applies	The court held the three‑year spec did not apply; only the one‑year spec applies because the display/threat occurred after the burglary ended

State v. Powell, 59 Ohio St.3d 62 (Ohio 1991) (aggravated burglary continues only while defendant remains in the structure)
State v. Clark, 107 Ohio App.3d 141 (2d Dist. 1995) (harm committed in the yard after exit does not support aggravated burglary because trespass ended)