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State v. Fleming

Citations

  • 2023 Ohio 961

Syllabus

Upon remand for resentencing, the trial court made the consecutive-sentence findings under R.C. 2929.14(C)(4), and we cannot find that the court's finding pursuant to R.C. 2929.14(C)(4)(c) was not supported by the record under the clear-and-convincing standard provided by R.C. 2953.08(G)(2). The trial court's failure to reduce the amount of jail-time credit to a number of days, as required by R.C. 2949.08(B), along with the absence of any opportunity for appellant to be heard on the issue of jail-time credit, requires reversing in part and remanding for the court to properly address jail-time credit. In all other respects, judgment affirmed.

Judges: Huffman

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