Tuesday, October 16, 2012

Imposition of consecutive sentences without the required fact finding (10 16 12)

Due to House Bill 86, Ohio judges have to make certain findings before consecutive sentences may be imposed. HB 86 became effective September 30, 2011. A trial judge does not meet the requirement of judicial fact finding by simply stating "the statutory conditions for consecutive sentences have been met." Imposition of consecutive sentences without the required judicial fact finding is "clearly and convincingly contrary to law." State v. Bradley, 2012-Ohio-4787.

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

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