Home/Ohio Supreme Court/State v. Brandenburg (Slip Opinion)

State v. Brandenburg (Slip Opinion)

2016 Ohio 2970, 146 Ohio St. 3d 221
Ohio Supreme Court·Decided May 17, 2016·No. 2015-1330 and 2015-1489·Published·Cited by 73 cases

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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State v. Brandenburg (Slip Opinion), 2016 Ohio 2970, 146 Ohio St. 3d 221 (Ohio 2016).

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