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STATE v. POWELL

Nos. 90-691 and 90-692.

59 Ohio St. 3d 62 (1991)

THE STATE OF OHIO, APPELLANT, v. POWELL, APPELLEE. THE STATE OF OHIO, APPELLANT, v. SEXTON, APPELLEE.

Supreme Court of Ohio.

Decided April 24, 1991.

Attorney(s) appearing for the Case

John F. Holcomb, prosecuting attorney, Daniel G. Eichel and John J. McCracken, for appellant.

John T. Willard, for appellee Powell.

H. BROWN, J.

The primary issue presented is whether a defendant may be given an additional three-year term of actual incarceration pursuant to R.C. 2929.71, the so-called gun specification statute, for possession of a firearm during the commission of a felony where the firearm is acquired by theft during the course of the felony. For the reasons which follow, we conclude that the additional term may be imposed and reverse...

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