Defendant Challenges Ruling That Shots Fired While Standing Next to Car Were Fired "From Vehicle"
Wording of Firearm Specification Contested as 'Unconstitutionally Vague'
11th District Court of Appeals (Lake County)
ISSUE: Is the five-year sentence enhancement for "discharging a firearm from a motor vehicle" set forth in R.C. 2941.146 unconstitutionally vague as applied by a trial court in enhancing the sentence of a defendant who fired a gun while standing on the ground outside of a car, from behind an open car door?