State v. McGowan, 147 Ohio St. 3d 166

{¶ 1} In State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, 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 and/or (2) unsupported by the record. Id. at ¶ 7.

{¶ 2} The judgment of the court of appeals in the instant case is reversed, and the cause is remanded to the court of appeals for application of Marcum.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, Kennedy, French, and O’Neill, JJ., concur.

Case Details

Case Name: State v. McGowan

Court Name: Ohio Supreme Court

Date Published: May 17, 2016

Citations: 147 Ohio St. 3d 166; 62 N.E.3d 178; 2016-Ohio-2971; No. 2015-1596

Docket Number: No. 2015-1596

Court Abbreviation: Ohio