State v. Davis, Unpublished Decision (11-9-2005)
State v. Davis, Unpublished Decision (11-9-2005)
Opinion of the Court
{¶ 2} On August 20, 2003, Mr. Davis was indicted for domestic violence in violation of R.C.
{¶ 3} Mr. Davis alleges that the trial court erred by ordering the jail sentence to run consecutive to the previously ordered prison term. The State agrees and concedes that the order should be remanded for resentencing. We agree.
{¶ 4} "[T]he six-month maximum jail sentence authorized by R.C.
{¶ 5} Mr. Davis' sole assignment of error is sustained. The decision of the Lorain County Court of Common Pleas is reversed and the cause is remanded for resentencing.
Judgment reversed, and cause remanded.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Lorain, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellee.
Exceptions.
Whitmore, P.J. Moore, J. Concur
(Reece, J., retired, of the Ninth District Court of Appeals, sitting by assignment pursuant to, § 6(C), Article IV, Constitution.)
Reference
- Full Case Name
- State of Ohio v. Miles Davis
- Cited By
- 2 cases
- Status
- Unpublished