State v. Powers, 2011 Ohio 5977

Powers pled no contest; record sparse but shows Powers shot an unarmed man three times, causing paralysis.
Trial court found Powers guilty of six offenses: two felonious assault counts, attempted murder, improper discharge of a firearm on or near prohibited premises, tampering with evidence, and having weapons under disability; firearm specifications were attached to all but the weapons under disability charge and merged where appropriate.
On remand following Powers I, the court resentenced, largely mirroring the original term but removing the seven-year felonious assault sentence that had merged with attempted murder, yielding a 17-year term.
Powers argues two assignments: (a) unconstitutional firearm specification on unlawful discharge of a firearm; (b) improper consecutive sentencing for tampering with evidence and attempted murder.
The court held the issues were outside the remand scope and not reviewable under the law of the case doctrine; the remand was limited to allied-offenses sentencing issues and did not open review of unaltered counts.
The court affirmed the trial court’s judgment, over both assignments of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Firearm specification and double jeopardy	Powers contends firearm spec attached to unlawful discharge violates double jeopardy.	Powers contends the spec and underlying count should not yield cumulative punishment.	Issue not reviewable; remand did not affect unlawful discharge count.
Consecutive sentence for tampering	Tampering should merge with attempted murder; no separate animus or act.	Consecutive sentence appropriate under allied-offense theory.	Issue not reviewable; law of the case barred review on remand.

State v. Wilson, 129 Ohio St.3d 214 (Ohio Supreme Court 2011) (remand scope; law-of-the-case limits on review of resentencing)