STATE v. POWERS

Appellate No. 24476.

2011 Ohio 5977

State of Ohio, Plaintiff-Appellee, v. Sean Powers, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on November 18, 2011.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by R. LYNN NOTHSTINE , Atty. Reg. #0061560, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422 Attorney for Plaintiff-Appellee

LYNNE M. FLEMING , Atty. Reg. #0078520, Flanagan, Lieberman, Hoffman & Swaim, 15 West Fourth Street, Suite 100, Dayton, Ohio 45402 Attorney for Defendant-Appellant


OPINION

KLINE, J. (sitting by assignment)

{¶ 1} Sean Powers appeals the judgment of the Montgomery County Court of Common Pleas, which sentenced him to seventeen years in prison following our remand in State v. Powers, Montgomery App. No. 23696, 2010-Ohio-4044 (hereinafter "Powers I"). Powers argues that the trial court unconstitutionally applied a firearm specification to his conviction for unlawful discharge of a firearm...

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