State v. Murphy

The issue before this court is whether the firearm specification in R.C. 2929.71 can be proven beyond a reasonable doubt without actually presenting scientific or direct evidence as to the *208operability of the firearm. This court recently held in State v. Gaines (1989), 46 Ohio St. 3d 65, 545 N.E. 2d 68, at the syllabus, that “R.C. 2923.11(B) and 2929.71(A) require that, prior to imposition of an additional term of three years’ actual incarceration for possession of a firearm during the commission of a felony, the state must prove beyond a reasonable doubt that the firearm was operable or could…