State v. Marcum

Gallia App. No. 13CA11, 2014-0hio-4048. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals’ entry filed December 5, 2014:

“[D]oes the test outlined by the [e]ourt in State v. Kalish apply in reviewing felony sentences after the passage of R.C. 2953.08(G)?”

The conflict cases are State v. Hill, 7th Dist. Carroll No. 13CA892, 2014-Ohio-1965, and State v. Simmons, 9th Dist. Summit No. 27197, 2014-Ohio-4191.

Sua sponte, cause consolidated with 2014-1825, State v. Marcum, 4th Dist. Gallia…