THE STATE OF OHIO, APPELLANT,
v.
RUSH, APPELLEE.
THE STATE OF OHIO, APPELLEE,
v.
MITCHELL, APPELLANT.
THE STATE OF OHIO, APPELLANT,
v.
TOLER, APPELLANT.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted May 27, 1998.
Decided August 19, 1998.
Attorney(s) appearing for the Case
Robert D. Horowitz, Stark County Prosecuting Attorney, Frederic R. Scott and Ronald Mark Caldwell, Assistant Prosecuting Attorneys, for appellant state of Ohio in case No. 97-1778.
David H. Bodiker, Ohio Public Defender, and Jill E. Stone, Assistant Public Defender, for appellee Johnnie D. Rush in case No. 97-1778.
Ronald J. O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellee state of Ohio in case Nos. 97-2121 and 97-2123.
Judith M. Stevenson, Franklin County Public Defender, and Allen V. Adair, Assistant Public Defender, for appellant Brian K. Mitchell in case Nos. 97-2121 and 97-2123.
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Sherry Green, Assistant Prosecuting Attorney, for appellant state of Ohio in case No. 97-2266.
W. Michael Kaiser, for appellee Nathaniel Toler in case No. 97-2266.
Kura & Wilford Co., L.P.A., and Barry W. Wilford, urging affirmance in case No. 97-1778 for amicus curiae Ohio Association of Criminal Defense Lawyers.
Maureen O'Connor, Summit County Prosecuting Attorney, and Paul Michael Maric, Assistant Prosecuting Attorney, urging reversal in case No. 97-1778 for amicus curiae Ohio Prosecuting Attorneys Association.
Supreme Court of Ohio.
COOK, J.
Today we decide the following issue: whether the amended sentencing provisions of S.B. 2 are applicable to those defendants who committed crimes prior to, but were convicted after, its July 1, 1996 effective date. We conclude that the S.B. 2 sentencing provisions are inapplicable to those defendants.
STATUTORY ANALYSIS
With the passage of S.B. 2, the General Assembly effected significant changes in Ohio's criminal code, modifying...
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