State v. Powell

The primary issue presented is whether a defendant may be given an additional three-year term of actual incarceration pursuant to R.C. 2929.71, the so-called gun specification statute, for possession of a firearm during the commission of a felony where the firearm is acquired by theft during the course of the felony. For the reasons which follow, we con-*63dude that the additional term may be imposed and reverse the judgments of the court of appeals.

I

Duration of an Aggravated Burglary

The majority in the court below concluded that the additional term of actual incarceration could not be applied…