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State v. Montez

Citations

  • 2022 Ohio 640

Syllabus

Challenge to 30-month prison sentence for conviction under R.C. 2907.05(A)(4) failed. Sentence not subject to review under R.C. 2953.08(G)(2)(a) because statutes identified in that section inapplicable. Under R.C. 2953.08(G)(2)(b), appellate court may not independently weigh evidence and substitute its judgment as to appropriate sentence under R.C. 2929.11 and 2929.12. Appellant failed to demonstrate that R.C. 2929.13(D) is unconstitutional as applied to R.C. 2907.05(A)(4).

Judges: Mayle

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