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STATE v. SWIDAS

No. 2011-0244.

133 Ohio St.3d 460 (2012)

2012 Ohio 4638

THE STATE OF OHIO, Appellee, v. SWIDAS, Appellant.

Supreme Court of Ohio.

Decided October 11, 2012.

Attorney(s) appearing for the Case

Charles E. Coulson, Lake County Prosecuting Attorney, and Patrick J. Condon and Alana A. Rezaee, Assistant Prosecuting Attorneys, for appellee.

Morganstern, MacAdams & DeVito Co., L.P.A., and Michael A. Partlow, for appellant.

PFEIFER, J.

{¶ 1} R.C. 2941.146(A) contains a firearm specification that adds a five-year prison term when a defendant commits a felony that includes the element of purposely or knowingly causing or attempting to cause the death of or physical harm to another, if the crime "was committed by discharging a firearm from a motor vehicle other than a manufactured home." In this case, we hold that R.C. 2941.146 is not applicable when a person...

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