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Ohio Supreme Court limits consecutive sentences for firearm violations

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Sunday, December 22, 2024

Ohio Supreme Court limits consecutive sentences for firearm violations

State Supreme Court
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Justice Jennifer Brunner | Ohio Supreme Court Website

The Supreme Court of Ohio has determined that a maximum of two consecutive prison terms for firearm specifications can be added to the sentence of a violent offender. This decision came as a result of the court's ruling on the case involving Aunrico Beatty, who was sentenced in 2021 by the Clermont County Common Pleas Court to four consecutive three-year terms for firearm violations, totaling 12 years, before serving an additional felonious assault sentence.

Justice Michael P. Donnelly, writing the lead opinion for the court, clarified that Ohio’s criminal sentencing laws require multiple prison terms to be served concurrently unless specific exceptions apply. According to R.C. 2929.14(C) and R.C. 2929.41(A), only two consecutive sentences could be imposed for firearm specifications in Beatty’s case, necessitating that any further sentences must run concurrently with those six years.

Justices Melody Stewart and Jennifer Brunner supported Justice Donnelly's opinion, while Chief Justice Sharon L. Kennedy agreed with the judgment but did not join the opinion itself.

In contrast, Justice Joseph T. Deters expressed disagreement through a dissenting opinion, arguing that this interpretation undermines legislative intent allowing judges discretion to impose additional mandatory consecutive sentences under certain conditions outlined in R.C. 2929.14(B)(1)(g). Justice R. Patrick DeWine joined Deters’ dissent.

The ruling overturned a previous decision by the Twelfth District Court of Appeals which had upheld Beatty’s original sentence and sent it back to trial court for revision.

This outcome is part of case number 2022-1290, State v. Beatty, Slip Opinion No. 2024-Ohio-5684.

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