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State v. Duncan

Citations

  • 2017 Ohio 8103

Syllabus

The trial court, following Defendant-appellant's conviction for felony-murder in violation of R.C. 2903.02(B), sentenced Defendant-appellant to a prison term of life with the possibility of parole after 15 years. R.C. 2929.02(B)(1) provides that the prison term for a 2903.02(B) conviction is an indefinite prison term of 15 years to life. The trial court, accordingly, exceeded its sentencing authority rendering Defendant-appellant's sentence void, and, thus, subject to a successful collateral attack. Judgment reversed in part and remanded for resentencing.

Judges: Tucker

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