Friday, July 17, 2009

Sentence Reduced by 10 years when RVO Specification Reversed & Vacated (7 17 2009)

The defendant was convicted of aggravated burglary and felonious assault because he trespassed into his ex-girlfriend’s home and threw her out a second floor window. He was also convicted of a Repeat Violent Offender Specification because he had previously been convicted of involuntary manslaughter and aggravated robbery back in 1979. The trial judge sentenced him in the recent case to maximum consecutive terms including 10 years on the RVO Specification. But the trial judge found him guilty of the RVO Specification under 2929.14(D)(2)(b) which required that the offender have three or more convictions of first or second degree offenses of violence within twenty years. Because the State failed to prove the RVO Specification under 2929.14(D)(2)(b), the Second District Court of Appeals reversed and vacated the 10 year term for the RVO Specification. State v. Barker, 2009-Ohio-3511.

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