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State v. Gardner

Citations

  • 193 N.E.3d 1156
  • 2022 Ohio 2725

Syllabus

Appellate review of a sentence is not a \constitutional right\ because the right of such review is strictly conferred by statute. Despite appellant's arguments, R.C. 2953.08(D)(3) is constitutional and does not constitute cruel and unusual punishment. Furthermore, appellant's inability to challenge his sentence under R.C. 2953.08(D)(3) is not a punishment, but rather the criminal procedure involving felony sentencing appeals.

Judges: Piper

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