· 4/18/2017

State v. Rahab (Slip Opinion)

Citations

  • 2017 Ohio 1401
  • 150 Ohio St. 3d 152
  • 80 N.E.3d 431

Syllabus

Criminal law-Sentencing-Right to trial by jury-Vindictiveness-There is no presumption of vindictiveness when, after trial, a trial court sentences a defendant to a longer prison term than was offered by the state in plea negotiations-An appellate court may reverse such a sentence for vindictiveness only if, after review of the entire record, it finds clearly and convincingly that the sentence was based on actual vindictiveness-Actual vindictiveness not found-Judgment affirmed.

Judges: Dewine, French, O'Connor, O'Donnell, Kennedy, Hoover, O'Neill, Fischer

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