State v. Murphy, Unpublished Decision (5-8-2003)
State v. Murphy, Unpublished Decision (5-8-2003)
Opinion of the Court
{¶ 2} We also note that the indictment in this case appears to charge two fourth degree felonies and the judge's verdict appears to find the defendant guilty of the offenses as charged, but in sentencing she stated that he was guilty of one fourth degree felony and one fifth degree felony, although she did not specify which was which. The judgment entry states that both offenses are fifth degree felonies, yet states that the defendant will be subject to up to thirty months imprisonment if he violates the conditions of community control. This confusion also should be addressed.
Appeal dismissed.
MICHAEL J. CORRIGAN, P. J., And SEAN C. GALLAGHER, J., Concur
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