LAW.coLAW.co

The State of Ohio, Appellee, v. Brandenburg, Appellant

Supreme Court of Ohio2016-05-17No. Nos. 2015-1330 and 2015-1489
146 Ohio St. 3d 2212016-Ohio-2970

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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. 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.