State v. Lytle

The only issue certified to this court by the court of appeals is: *156If a defendant is indicted for a second-degree felony with a firearm specification but convicted of a lesser included, third- or fourth-degree felony not set forth in the indictment, does the firearm specification accompanying the greater offense in the indictment apply to the lesser offense for purposes of sentencing? In Tyson, supra, the Court of Appeals for Hamilton County construed the language of the statutes pertaining to this issue to prohibit imposition of a three-year term of actual incarceration for the firearm…