State v. Marcum
Annotate this CaseAfter a jury trial, Defendant was found guilty of one count of manufacturing methamphetamine in the vicinity of a juvenile, a felony. The trial court sentenced Defendant to ten years’ imprisonment. The maximum possible term was eleven years. Defendant appealed, arguing that the trial court abused its discretion by imposing a near-maximum prison term. The Court of Appeals refused to apply an abuse-of-discretion standard to felony-sentencing appeals and affirmed Defendant’s sentence. The Supreme Court affirmed, holding (1) pursuant to Ohio Rev. Code 2953.08(G)(2), an appellate court may vacate or modify a felony sentence on appeal only if it finds by clear and convincing evidence that the record did not support the sentencing court’s decision or that the sentence was otherwise contrary to law; and (2) the Court of Appeals applied the correct standard of review in this case.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.