State v. McComb

Citations

• 2018 Ohio 674
• 107 N.E.3d 751

Syllabus

Defendant was granted a delayed appeal from his October 2015 conviction for aggravated robbery and felonious assault, for which he received a mandatory three-year sentence and a two-year sentence, respectively. Defendant challenges his sentence under State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448. Hand applies to defendant's three-year sentence for aggravated robbery, which was made mandatory due to a prior juvenile adjudication. Having granted defendant's motion for a delayed appeal, pursuant to App.R. 5, defendant's conviction is pending on direct appeal, and his conviction was not final for purposes of applying Hand. Defendant has completely served his two-year sentence for felonious assault, and thus his appeal of that sentence is moot. Regardless, the trial court did not impose a mandatory sentence for the felonious assault. Judgment affirmed in part, modified in part, and remanded for the court to issue a revised judgment entry that eliminates the mandatory nature of defendant's sentence for aggravated robbery.