State v. Wilson

{¶ 1} This is an appeal from a judgment entered by the Eighth District Court of Appeals that vacated a defendant’s sentences and remanded the cause with instructions to conduct a new sentencing hearing at which the state would elect which of the offenses to pursue for sentencing. We affirm the judgment of the court of appeals and hold that on a remand for resentencing based on an allied-offenses error, the trial court is not limited to merely accepting the prosecution’s election among allied offenses. Instead, once the prosecutor makes his selection, the trial court is required to hold a new…