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State v. McGowan
62 N.E.3d 178
Ohio
2016
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{¶ 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
Citation: 62 N.E.3d 178
Docket Number: No. 2015-1596
Court Abbreviation: Ohio
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