Ohio Supreme Court, 2016

State v. Brandenburg (Slip Opinion)

State v. Brandenburg (Slip Opinion)
Ohio Supreme Court · Decided May 17, 2016 · French, Kennedy, Lanzinger, O'Connor, O'Donnell, O'Neill, Pfeifer
2016 Ohio 2970; 146 Ohio St. 3d 221

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.

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