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