State v. Adams

Appellant’s first contention is that the Ohio statutes relating to capital punishment, R. C. 2903. 01, 2929.03 and 2929.04, are unconstitutional. This contention is without merit. State v. Bayless (1976), 48 Ohio St. 2d 73, 357 N. E. 2d 1035; State v. Black (1976), 48 Ohio St. 2d 262, 358 N. E. 2d 551; State v. Downs (1977), 51 Ohio St. 2d 47, 364 N. E. 2d 1140; State v. Shelton (1977), 51 Ohio St. 2d 68, 364 N. E. 2d 1152.

The second issue raised by appellant concerns the applicability of B. O. 2941.25(A) to his sentencing. That section reads:

“Where the same conduct by defendant can be…