STATE v. BRANDENBURG

Nos. 2015-1330 and 2015-1489.

146 Ohio St.3d 221 (2016)

2016-Ohio-2970

54 N.E.3d 1217

THE STATE OF OHIO, APPELLEE, v. BRANDENBURG, APPELLANT.

Supreme Court of Ohio.

Decided May 17, 2016.


Attorney(s) appearing for the Case

Michael T. Gmoser , Butler County Prosecuting Attorney, and Lina N. Alkamhawi , Assistant Prosecuting Attorney, for appellee.

Charles M. Conliff , for appellant.


{¶ 1} In State v. Marcum, ___ Ohio St.3d ___, 2016-Ohio-1002, ___ N.E.3d ___, we held that R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law or (2) unsupported by the record. Id. at ¶ 7.

{¶ 2} The judgment of the court of appeals in...

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