Friday, October 5, 2012

H.B. 86 should have been applied to sentencing after a community control violation (10 5 2012)

A Montgomery County defendant was placed on community control before September 30, 2011. That is the date House Bill 86 took effect. H.B. 86 reduced sentences for a number of offenses. The offense the defendant was placed on community control for was one of them. So even though the defendant was promised a certain sentence if he ever violated his community control, that sentence was not actually available to the trial judge when the judge sentenced the defendant after he violated his community control. The trial judge imposed the longer sentence anyway. The Second District Court of Appeals reversed because H.B. 86 applies to those "sentenced" on or after 9/30/11 and this defendant fell into that category. State v. West, 2012-Ohio-4615.

Contact me if you need a Dayton Appeal Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.

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