State v. Brandenburg (Slip Opinion)

Ohio Supreme Court
State v. Brandenburg (Slip Opinion), 2016 Ohio 2970 (Ohio 2016)
146 Ohio St. 3d 221
French, Kennedy, Lanzinger, O'Connor, O'Donnell, O'Neill, Pfeifer

State v. Brandenburg (Slip Opinion)

Opinion

{¶ 1} In State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, we held that R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law or (2) unsupported by the record. Id. at ¶ 7.

*222 Michael T. Gmoser, Butler County Prosecuting Attorney, and Lina N. Akam-hawi, Assistant Prosecuting Attorney, for appellee. Charles M. Conliff, for appellant.

‘{¶ 2} The judgment of the court of appeals in the instant case is reversed, and the cause is remanded to the court of appeals for application of Marcum.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, Kennedy, French, and O’Neill, JJ., concur.

Reference

Full Case Name
The State of Ohio, Appellee, v. Brandenburg, Appellant
Cited By
73 cases
Status
Published