A Summit County trial judge sentenced a man to an aggregate seven year prison term on March 12, 2008. But the trial judge failed to properly sentence the defendant to postrelease control. So the case was remanded to the trial judge who corrected the postrelease control problem. But the trial judge also decided to triple the defendant's aggregate prison term. The Ninth District Court of Appeals for Summit County just ruled that the trial judge exceeded their authority in re-sentencing on anything other than the postrelease control. The aggregate seven year term remains. The Ninth District based its decision on the Ohio Supreme Court's decision in State v. Fischer, 2010-Ohio-6238. Read the Ninth District's decision here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private Ohio criminal defense attorney. Otherwise, contact your county or state public defender to see if they can help.
