STATE v. LEE

No. 92327.

2009 Ohio 5820

State of Ohio, Plaintiff-Appellant, v. Brett Lee, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: November 5, 2009.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, Matthew E. Meyer, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Michaele Tyner, Rockside Plaza, Suite 321, 1440 Rockside Road, Parma, Ohio 44134, Attorney for Appellee.

Before: Jones, J., Rocco, P.J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.:

{¶ 1} Appellant, the State of Ohio, appeals the trial court's judgment sentencing defendant-appellee, Brett Lee, to six days in jail without first ordering or considering the required presentence investigation ("PSI") report. For the reasons that follow, we vacate Lee's sentence and remand the matter for resentencing.

{¶ 2} Lee pleaded guilty to one count of drug possession...

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