State v. Gumenick, Unpublished Decision (6-15-2001)
State v. Gumenick, Unpublished Decision (6-15-2001)
Opinion of the Court
On appeal from the judgment of conviction entered thereon, Gumenick advances a single assignment of error, in which she contends that the trial court sentenced her in contravention of the controlling sentencing provisions when it imposed a term of confinement greater than the statutory minimum. We find this challenge to be well taken.
Gumenick had not previously been imprisoned. That circumstance required the court to impose the shortest prison term authorized by statute, "unless the court [found] on the record that the shortest prison term [would] demean the seriousness of the offender's conduct or [would] not adequately protect the public from future crime by the offender or others." R.C.
An offender may challenge on appeal the imposition of any sentence that is "contrary to law." See R.C.
Corruption of a minor, as charged in the information, is a fourth-degree felony, for which Gumenick was subject to a minimum term of confinement of six months. See R.C.
We, therefore, hold that the trial court erred as a matter of law by imposing a sentence of confinement greater than the minimum sentence prescribed by statute, and on that basis, we sustain Gumenick's sole assignment of error. Accordingly, we vacate the sentence and remand this cause to the trial court for resentencing. In all other respects, we affirm the judgment of the court below.
Doan, P.J., Winkler and Shannon, JJ.
Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.