State v. McMullen

The issue presented by this appeal is whether the resentencing procedure, as set forth in R.C. 2951.09, violates a defendant’s constitutional right against double jeopardy. This issue is one of first impression before this court. The court of appeals held that R.C 2951.09 allowed the sentencing judge discretion to impose a longer sentence without violating appellant’s right against double jeopardy. We affirm.

R.C. 2951.09 provides, in pertinent part, as follows:

“When a defendant on probation is brought before the judge or magistrate under section 2951.08 of the Revised Code, such judge * * *…