State v. Brown, Unpublished Decision (8-11-2003)
State v. Brown, Unpublished Decision (8-11-2003)
Opinion of the Court
{¶ 2} The state concedes that appellant has not previously served a prison term and cannot receive more than the statutory minimum sentence unless the court first finds under R.C.
{¶ 3} Although the record reveals that the trial court made the necessary findings for the imposition of a prison term as opposed to community control sanctions, there is nothing in the record to show that the trial court made the requisite findings under R.C.
{¶ 4} Appellant's assignment of error is well-taken and sustained, and this cause is remanded to the trial court for resentencing.
Judgment reversed and remanded.
VALEN, P.J., and WALSH, J., concur.
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