State v. Williamson , 2020 Ohio 5369 ( 2020 )

[Cite as State v. Williamson, 2020-Ohio-5369.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
WOOD COUNTY
State of Ohio Court of Appeals Nos. WD-20-023
WD-20-024
Appellee
Trial Court No. 2016CR0089
v.
Terrance Williamson DECISION AND JUDGMENT
Appellant Decided: November 20, 2020
*****
Paul A. Dobson, Wood County Prosecuting Attorney, and
David T. Harold, Assistant Prosecuting Attorney, for appellee.
Jeffrey P. Nunnari, for appellant.
*****
PIETRYKOWSKI, J.
{¶ 1} Appellant, Terrance Williamson, appeals this consolidated appeal from the
February 14, 2020 judgment of the Wood County Court of Common Pleas resentencing
appellant with regard to his firearm specification convictions pursuant to our remand.
State v. Williamson, 6th Dist. Wood No. WD-18-049, 2019-Ohio-4380, ¶ 63-68 (finding
the imposition of consecutive sentences for the firearm specification convictions was not
mandatory). On January 2, 2020, appellant was resentenced. Appellant’s sentence was
reduced from 40 years and 6 months to 35 years and 6 months. Appellant filed an appeal
and asserts a single assignment of error:
THE TRIAL COURT ERRED AS A MATTER OF LAW BY
SENTENCING APPELLANT TO A FIREARM SPECIFICATION
ATTENDANT TO A WEAPONS UNDER DISABILITY CHARGE.
{¶ 2} The only part of the revised sentence being challenged is that the trial court
imposed a one-year prison term for a firearm specification attendant to the one count of
having weapons-under-disability. Appellant argues the factors under R.C.
2929.14(B)(1)(e)(i) and (ii) do not apply to appellant and, therefore, the trial court erred
as a matter of law by imposing this sentence. However, because the firearm
specifications were ordered to be served concurrently, the error does not impact
appellant’s total term of imprisonment. The state concedes that the trial court’s sentence
was contrary to law. We agree and find appellant’s sole assignment of error well-taken.
{¶ 3} Having found the trial court did commit error prejudicial to appellant and
that substantial justice has not been done, the judgment of the Wood County Court of
Common Pleas is affirmed, in part, and reversed, in part. We hereby vacate the sentence
of a one-year prison term for the firearm specification attendant to the weapons-under-
disability conviction. In all other respects the sentence is affirmed. Appellant’s
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aggregate prison term remains the same because the prison terms imposed for all of the
firearm specifications are to be served concurrently. Appellee is ordered to pay the costs
of this appeal pursuant to App.R. 24.
Judgment affirmed, in part,
and reversed, in part.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.
See also 6th Dist.Loc.App.R. 4.
Mark L. Pietrykowski, J. _______________________________
JUDGE
Thomas J. Osowik, J.
_______________________________
Gene A. Zmuda, P.J. JUDGE
CONCUR.
_______________________________
JUDGE
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.supremecourt.ohio.gov/ROD/docs/.
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