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State v. Thomas

Citations

  • 2017 Ohio 9274

Syllabus

Resentencing vindictive sentencing rebuttable presumption maximum sentences. Presumption of vindictive sentencing applied where trial court, after defendant's successful appeal of nonmaximum sentences erroneously imposed based on law at the time of the commission of offenses, resentenced defendant to maximum sentences on remand. Presumption was not rebutted where trial court offered no explanation on the record as to why it imposed maximum sentences on remand when it did not impose maximum sentences originally.

Judges: Gallagher

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