State v. Brown

Citations

• 2025 Ohio 2672

Syllabus

Application to reopen appeal; App.R. 26(B); genuine issue of a colorable claim of ineffectiveness of appellate counsel; restitution; consecutive-sentence findings; R.C. 2929.14(C)(4); jail-time credit. Application to reopen appeal pursuant to App.R. 26(B) is granted in part and denied in part. Applicant failed to demonstrate a genuine issue of a colorable claim of ineffectiveness of appellate counsel based on appellate counsel's failure to advance assignments of error related to alleged improper conviction of allied offenses of similar import and amount of restitution awarded. Appeal reinstated to docket; judgment reversed in part to the extent it fails to include a calculation of jail-time credit; remanded to trial court for the issuance of nunc pro tunc order setting forth consecutive-sentence findings made at sentencing hearing and calculation of jail-time credit.