Recently in sentences (inconsistent) Category

June 30, 2011

House Bill 86 fixes the crack cocaine vs. powder cocaine disparity

The disparity between sentences for powder cocaine and crack cocaine have been the topic of much debate for several years. Read articles here or here or here. Ohio has finally done away with the disparity with House Bill 86 which eliminates separate sentences for crack versus powder cocaine.

If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.

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June 3, 2009

Licking County Man gets minimum possible sentence for child rape

Ohio Revised Code Section 2929.11(B) states that sentences for felonies shall be "consistent with sentences imposed for similar crimes committed by similar offenders." Recently I won an appeal for a Greene County man convicted of sexually abusing a child as I wrote here. He had been sentenced to 40 years. On remand after he won on appeal he was sentenced to 20 years. So it is interesting to note that a Licking County man was recently sentenced to 3 years for sexually abusing two minors as you can read by clicking HERE. That is the minimum possible time he could have been sentenced to prison since he was convicted of first degree felony rape of a child. On appeal, one count of first degree felony rape was reversed but that still leaves him with a count of first degree felony rape (carrying up to ten years in prison), three counts of third degree felony gross sexual imposition (each carrying up to five years in prison), and four counts of unlawful sexual conduct with a minor (each carrying up to eighteen months in prison). That is a total possible sentence of 31 years. The Licking County man will be re-sentenced June 23, but with one less rape conviction there is no indication his sentence will go up. Granted the Greene County man was convicted of more charges, but 20 years vs 3 years is hardly consistent.

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