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

State v. Brandenburg (Slip Opinion)

2016 Ohio 2970, 146 Ohio St. 3d 221
CourtOhio Supreme Court
DecidedMay 17, 2016
Docket2015-1330 and 2015-1489
StatusPublished
Cited by73 cases

This text of 2016 Ohio 2970 (State v. Brandenburg (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Bluebook (online)
2016 Ohio 2970, 146 Ohio St. 3d 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brandenburg-slip-opinion-ohio-2016.