State v. Henry, Unpublished Decision (12-15-2005)
State v. Henry, Unpublished Decision (12-15-2005)
Opinion of the Court
{¶ 2} Defendant raises six assignments of error, which are attached as Appendix A. Defendant's second assignment of error is sustained. The remaining issues and assignments of error are moot.
{¶ 3} Judgment reversed. We remand this case to the trial court to vacate the conviction and sentence and enter a judgment of acquittal.
It is ordered that appellant recover of appellee his costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Dyke, P.J., and Gallagher, J., concur.
"II. The evidence was insufficient to support the convictions.
"III. The verdicts of guilty are against the manifest weight of the evidence.
"IV. The trial court erred in imposing more than the minimum sentence.
"V. The trial court erred in imposing maximum sentences.
"VI. The trial court erred by failing to make required findings beyond a reasonable doubt before imposing an enhanced sentence."
Reference
- Full Case Name
- State of Ohio v. Andrew Henry
- Cited By
- 2 cases
- Status
- Unpublished