State v. Jenkins, 2013 Ohio 3038

Defendant Nicholas S. Jenkins was convicted and sentenced for receiving stolen property; the offense's classification depended on the value of the property.
H.B. 86 (effective Sept. 30, 2011) amended R.C. 2913.51(A), reducing certain receiving-stolen-property offenses from felonies to first-degree misdemeanors based on value.
Jenkins committed the offense before H.B. 86 took effect but was sentenced after the effective date.
R.C. 1.58(B) directs that if a statute reduces punishment after the commission of an offense but before sentencing, the lighter punishment applies if not yet imposed.
The State conceded Jenkins was entitled to the lesser sentence but argued the offense should not be reclassified from a fifth-degree felony to a first-degree misdemeanor.
The Second District relied on its prior precedents (State v. Anderson; State v. Wilson; State v. Arnold) and affirmed the trial court’s judgment reclassifying the offense and imposing the misdemeanor sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether H.B. 86 permits reclassification of Jenkins’ offense from a fifth-degree felony to a first-degree misdemeanor when the offense was committed before the amendment but sentenced after its effective date	The State: Jenkins should get only the benefit of the misdemeanor sentence, not reclassification of the offense	Jenkins: Under R.C. 1.58(B) and H.B. 86 transitional provisions, the amended statute applies to him and his offense should be treated as a misdemeanor	Court: Agreed with Jenkins; applied H.B. 86 and R.C. 1.58(B) to reclassify the offense and affirmed conviction/sentence as a first-degree misdemeanor

State v. Taylor, 983 N.E.2d 366 (Ohio 2013) (Ohio Supreme Court certified a conflict on whether post‑offense sentencing changes reclassify the offense)