State v. McGowan

Ohio Supreme Court
State v. McGowan, 147 Ohio St. 3d 166 (Ohio 2016)
62 N.E.3d 178
Connor, Donnell, French, Kennedy, Lanzinger, Neill, Pfeifer

State v. McGowan

Opinion of the Court

{¶ 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 and/or (2) unsupported by the record. Id. at ¶ 7.

{¶ 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 v. McGowan
Cited By
31 cases
Status
Published