State v. Turner

Citations

• 2021 Ohio 2216

Syllabus

The trial court did not err when it resentenced appellant following the reversal of his conviction for purposeful murder in State v. Turner, 2d Dist. Clark No. 2017-CA-78, 2019-Ohio-144. Contrary to appellant's claim otherwise, our prior opinion did not mandate a retrial on purposeful murder and/or the offenses that merged into purposeful murder, i.e., felony murder and felonious assault. Rather, the State had the option to either retry appellant or to simply have him resentenced for felony murder and felonious assault. The 19-month delay in resentencing was not prejudicial since appellant still had to serve 18 years to life in prison for felony murder and its attendant firearm specification. Judgment affirmed.