State v. Gwynne
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In this appeal from a criminal judgment the Supreme Court reversed the court of appeals' decision vacating some of Defendant's consecutive sentences and rendering Defendant's second assignment of error moot, holding that State v. Marcum, 59 N.E.3d 1231 (Ohio 2016), has no application to consecutive sentencing cases that are governed by Ohio Rev. Code 2953.08(G)(2).
Defendant pleaded guilty to multiple offenses stemming from her act of stealing thousands of items from nursing home residents. Defendant waived her right to appeal including, but not limited to, the grounds listed in section 2953.08. The trial court imposed prison terms and ordered Defendant to serve the felony sentences consecutively. The court of appeals reviewed Defendant's sentence under Ohio Rev. Code 2929.11 and 2929.12 based on its reading of Marcum and determined that, while Defendant's consecutive sentences were appropriate and warranted the aggregate sentence was excessive and disproportionate. The Supreme Court reversed, holding (1) the State forfeited its argument that Defendant waived her right to appeal her sentence when it did not raise the issue at the court of appeals; and (2) the court of appeals should have analyzed Defendant's consecutive sentences for compliance with Ohio Rev. Code 2929.14(C)(4).
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