State v. Gay

Citations

• 2021 Ohio 970

Syllabus

With the trial court's consent, the parties entered a plea agreement, without conditions, that appellant would be sentenced to a five-year prison term. Based on appellant's failure to appear at the originally-scheduled sentencing hearing, the trial court imposed a six-year prison term. The trial court erred by imposing the longer prison term without giving appellant the opportunity to withdraw the guilty plea, and the State concedes this error. Upon remand, the trial court must either impose the five-year prison sentence or allow appellant an opportunity to withdraw his guilty plea. Judgment reversed and remanded.