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State v. Price
2014 Ohio 4065
Ohio Ct. App.
2014
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Background

  • Price pled guilty to nine felonies across two incidents (Noodles & Company and Chipotle) and toone aggravated robbery at Red Skye Wireless.
  • Two separate burglary/robbery incidents involved firearm specifications; four three-year specs were imposed in total.
  • The sentence totaled 22 years, with 12 years from three-year firearm-spec terms imposed consecutively.
  • All firearm specifications stemmed from the same two incidents; the Red Skye Wireless case involved no firearm spec plea.
  • Price challenged the imposition of multiple three-year firearm-spec terms under RC 2929.14(B)(1)(b).
  • The trial court cited RC 2929.14(B)(1)(g) as the basis for imposing additional terms and the court did not address the Red Skye case on the firearm spec issue.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether multiple firearm specs violated 2929.14(B)(1)(b). Price (State) argues only two three-year terms were permissible for two incidents. Price contends the court erred by imposing four three-year terms for specs from the same acts. Not contrary to law; statute permits additional specs per (g) and the court properly imposed two major specs plus discretion on others.

Key Cases Cited

  • State v. Hubbard, 2013-Ohio-2735 (10th Dist. 2013) (applies 2929.14(B)(1)(g) to multiple firearm specs)
  • State v. Isreal, 2012-Ohio-4876 (12th Dist. 2012) (two most serious specs govern mandatory terms under (g))
  • State v. Dennison, 2013-Ohio-5535 (10th Dist. 2013) (supports requirement to impose at least two three-year terms for specs)
  • State v. Carson, 2012-Ohio-4501 (10th Dist. 2012) (addresses multiple firearm specs under (g))
  • State v. Taylor, 2013-Ohio-3699 (10th Dist. 2013) (discusses discretion to impose remaining specs)
Read the full case

Case Details

Case Name: State v. Price
Court Name: Ohio Court of Appeals
Date Published: Sep 18, 2014
Citation: 2014 Ohio 4065
Docket Number: 13AP-1085, 13AP-1086
Court Abbreviation: Ohio Ct. App.