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· 5/24/2019

Maumee v. Hensley

Citations

  • 2019 Ohio 2050

Syllabus

Trial court abuses its discretion in misdemeanor sentencing when it imposes a cumulative jail term greater than 18 months in violation of R.C. 2929.41(B)(1). The proper remedy for such an error is for the appellate court either to correct the sentence, or remand to the trial court to correct the sentence. Trial court abuses its discretion when it imposes a fine in a misdemeanor sentence without first determining appellant's present or future ability to pay.

Judges: Pietrykowski

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