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Monday, February 28, 2011
State v. Ford - firearm specification provision upheld in sentencing
Typically, Ohio law prohibits a defendant from being sentenced for two crimes if the underlying conduct is the same for both crimes and if the crimes were committed for a single purpose. In other words, the law protects us from being sentenced for two crimes as a result of one act. The issue presented before the Supreme Court of Ohio, in State v. Ford, was whether a defendant may be sentenced for an unlawful discharge of a firearm (in or at a residence) and for possession of a gun while committing that felony. The trial court convicted the defendant of both offenses, and sentenced him to three years in jail for each offense - for a combined sentence of six years. The Supreme Court affirmed and held that sentencing the defendant for each offense did not violate R.C. 2941.25. To reach that conclusion, the Court found that the defendant was only sentenced for the unlawful discharge charge, and that the possession of the gun while committing the felony permitted an additional 3 years to be added to the sentence. While it is a counterintuitive decision, it does follow the letter of the law and has a strong logical basis. What do you think about it?
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