State v. Christian

Citations

• 2017 Ohio 8249
• 99 N.E.3d 887

Syllabus

Trial court erred in its resentencing of appellant on Count II. Count II was reduced by operation of law from a felony of the third degree to a felony of the fourth degree as a result, upon resentencing, the trial court reduced the sentence for Count II from 36 months to 12 months. The trial court also ordered Count II to be served consecutively to Count V, when it originally had been ordered to be served concurrently. The new sentence on Count II is contrary to law, as appellant has already served more than 12 months on Count II. Therefore, the trial court was without authority to order that Count II, for which the 12-month sentence had already been completed, be served consecutively to Count V. Judgment reversed and cause remanded for proceedings consistent with this opinion.