An Ohio firearm specification can add a mandatory prison term to the sentence for an underlying felony. But when someone is found guilty of multiple qualifying firearm specifications attached to the same felony, who chooses which specification determines the added sentence?

In State v. Holliman, 2026-Ohio-4232, decided October 29, the Ohio Supreme Court held that the trial court—not the prosecutor—makes that choice under R.C. 2929.14(B)(1)(a).

The jury in Holliman found the defendant guilty of both a one-year firearm specification and a three-year firearm specification attached to one felony. The sentencing judge selected the one-year specification. The prosecution argued that it had the right to select the three-year specification instead.

The Supreme Court disagreed. The statutory language assigns the sentencing decision to the court and permits the judge to select among the applicable specifications. It does not require the judge to choose the longest available term.

The ruling has important limits.

It addresses the specifications governed by R.C. 2929.14(B)(1)(a), referencing R.C. 2941.141, 2941.144, and 2941.145. It does not establish that only one firearm-related enhancement can ever apply in an entire criminal case.

Other sentencing provisions address additional enhancements and multiple felony convictions. For example, a qualifying specification for discharging a firearm from a motor vehicle can require an additional term alongside a specification covered by this ruling.

The decision also does not eliminate the mandatory nature of the selected specification or promise a shorter sentence.

The practical takeaway: sentencing exposure requires reviewing each felony count, each specification, and the statutes governing how the terms interact. This decision concerns Ohio state sentencing, not federal firearm charges.

For questions about an Ohio criminal case, contact Attorney Fogt at (937) 254-2600.

General information, not legal advice.