State v. Bergstresser

Citations

• 2024 Ohio 3299

Syllabus

Death pending appeal motion to substitute App.R. 29(A) State v. McGettrick theft sufficiency of the evidence restitution hearing R.C. 2929.18(A)(1) merger postrelease control. Where a criminal defendant dies during the pendency of their direct appeal, App.R. 29(A) provides that a party may file a motion to substitute. Appellant's convictions were supported by sufficient evidence. The trial court was required to hold a restitution hearing where trial counsel objected to the amount of restitution ordered at sentencing. It was not plain error to decline to merge appellant's offenses. A challenge to the trial court's failure to properly advise the appellant as to postrelease control was mooted by the appellant's death.