State v. McCaleb, 07-Ca-27 (2-22-2008)
State v. McCaleb, 07-Ca-27 (2-22-2008)
2008 Ohio 760
State v. McCaleb, 07-Ca-27 (2-22-2008)
Opinion of the Court
{¶ 2} McCaleb then filed two motions for reconsideration, which were overruled by this court. On March 8, 2007, the trial court, under the mistaken impression we had remanded the matter back to the trial court for resentencing, resentenced McCaleb exactly as before except for the offending overlybroad sanction. The trial court, however, lost jurisdiction to resentence McCaleb after we affirmed the prior sentence and modified it without remand. Accordingly, the second sentence imposed by the trial court is void, and the appeal of McCaleb is ordered Dismissed.
*Page 1WOLFF, P.J., and FAIN, J., concur.
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