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STATE EX REL. MURPHY v. SHOEMAKER,

No. 80-1551.

66 Ohio St. 2d 66 (1981)

THE STATE, EX REL. MURPHY, APPELLANT, v. SHOEMAKER, CHIEF, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 22, 1981.

Attorney(s) appearing for the Case

Messrs. Mancino, Mancino & Mancino and Mr. Paul Mancino, Jr., for appellant.

Mr. William J. Brown, attorney general, and Ms. Lianne L. Santellani, for appellees.

Per Curiam.

We recognize that there is no absolute bar to increasing the sentence of a defendant upon retrial, Gully v. Kunzman (C.A. 6, 1979), 592 F.2d 283. Also, we are aware that the Equal Protection Clause does not prevent the imposition of a more severe sentence upon the second trial of a defendant. North Carolina v. Pearce (1969), 395 U.S. 711. However, the imposition...

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