Olmsted Twp. v. Ritchie

Citations

• 181 N.E.3d 649
• 2022 Ohio 124

Syllabus

Magistrate's decision objection de novo R.C. 2929.41(B)(1) R.C. 2929.24 R.C. 2929.25 R.C. 2929.25(A)(1)(a) R.C. 2929.25(D) misdemeanor sentence aggregate term modify suspend maximum jail term community control violation matter of law. Trial court's order modifying the defendant's misdemeanor sentence was modified to delete language indicating additional jail time remained available for sentencing, which was erroneous as a matter of law. The trial court sentenced the defendant pursuant to R.C. 2929.24(A) and 2929.25(A)(1)(a) to a jail term of 30 days for each misdemeanor count in combination with the direct imposition of five years of community control. Because the defendant was credited with the total jail time on the sentence that was imposed, he was not subject to any further jail time. R.C. 2929.25(D) could not be read to permit the trial court to modify the sentence beyond the maximum jail term initially imposed.