State v. Combs

Citations

• 2020 Ohio 5495

Syllabus

SENTENCING — CONFINEMENT CREDIT: Defendant failed to rebut the trial court's presumed consideration of R.C. 2929.11 and 2929.12 when it fashioned an appropriate sentence for defendant's community-control violation, even though defendant presented facts in mitigation, where defendant received the sentence he was notified he would receive when placed on community control for burglary and he violated his community control in several significant ways. Where the trial court failed to determine the proper amount of confinement credit to which the defendant was entitled under R.C. 2967.191, that part of defendant's sentence must be vacated and the cause remanded for the proper calculation of the credit.