State v. Jefferson, Unpublished Decision (7-20-2006)
State v. Jefferson, Unpublished Decision (7-20-2006)
Opinion of the Court
{¶ 2} Jefferson was sentenced in two separate cases. He was sentenced to the maximum term of incarceration in both cases. In each case, the sentence was ordered to run consecutive to the sentence in the other case. Jefferson appeals, advancing one assignment of error for our review, which reads as follows:
{¶ 3} "Kenneth Jefferson was deprived of his liberty without due process of law when the trial court imposed maximum and consecutive sentences based on inaccurate information and without complying with Ohio's current sentencing requirements."
{¶ 4} Jefferson argues that the trial court failed to make the mandatory statutory findings required for the imposition of maximum consecutive sentences. In State v. Foster,
Sentence vacated; cause remanded for resentencing.
This cause is vacated and remanded to the lower court for further proceedings consistent with this opinion.
It is, therefore, ordered that said appellant recover of said appellee 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 Cuyahoga County 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.
Cooney, P.J., and McMonagle, J., concur.
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