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"Wimpy" sentence affirmed

September 10, 2009

Posted In: sentencing (generally)

By Robert Alan Brenner on September 10, 2009 12:42 PM |

The Eighth District Court of Appeals in Ohio just denied the State's appeal of a sentence which the State called "wimpy." For a fifth degree felony, the defendant was sentenced to just 45 days in jail and ordered to pay $1500 in restitution. The State complained that the sentence did not do enough to punish the offender because he had a lengthy criminal record. But the State failed to raise the defendant's record at sentencing and so the Court of Appeals determined that the State waived the argument and the Court of Appeals found the trial judge did not abuse his discretion in sentencing the defendant as you can read here.

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Posted In: sentencing (generally)

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