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State v. Miles

Citations

  • 2024 Ohio 1982

Syllabus

Involuntary manslaughter felonious assault having weapons while under disability plea agreement jointly recommended sentence sentence discretion more severe R.C. 2953.02(G) standard of review court costs indigent R.C. 2947.23(A)(1) R.C. 2947.23(C) community work service. Affirmed. The trial court retained discretion to impose a sentence that was more severe than the jointly recommended sentence in a case in which appellant, pursuant to a plea agreement, pled guilty to three of six charges, including an amended charge of involuntary manslaughter as well as charges of felonious assault and having weapons while under disability, with the remaining charges being nolled. Upon applying the standard of review under R.C. 2953.02(G), it could not be clearly and convincingly found that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law. The trial court did not err when it ordered appellant, who was indigent, to pay court costs pursuant to R.C. 2947.23(A)(1), which could be satisfied through community work service.

Judges: S. Gallagher

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