Ohio Supreme Court, 2016

State v. McGowan

State v. McGowan
Ohio Supreme Court · Decided May 17, 2016 · Connor, Donnell, French, Kennedy, Lanzinger, Neill, Pfeifer
147 Ohio St. 3d 166; 62 N.E.3d 178

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.

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