State v. Damron

{¶ 1} Because the judgment entry of the sentencing court shows that the court applied erroneous legal reasoning, we remand this case to the trial court for resentencing, as required by State v. Whitfield, 124 Ohio St.3d 319, 2010-Ohio-2, 922 N.E.2d 182, and application of our recent decision, State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061.

Factual Background

{¶ 2} On June 27, 2008, a grand jury returned an indictment against Jeremy Damron that charged one count of felonious assault, two counts of domestic violence, and one count of rape. The state alleged that Damron…