State v. Dwyer

Citations

• 2023 Ohio 24

Syllabus

In appellant's first appeal, the case was remanded to the trial court for a new sentencing hearing regarding one firearm specification. The trial court addressed the remanded issue at a new sentencing hearing, prompting the current appeal, in which appellant raises a sentencing issue not raised in the first appeal and unrelated to the remanded firearm specification issue. As such, appellant's assignment of error is beyond the scope of the remand and, since the assignment of error could have been raised in the first appeal, its consideration is barred by res judicata. Judgment affirmed.