State v. Beasley

I write separately because R.C. 2953.08(A)(2) and 2953.08(G)(1)(b) expressly preclude Beasley’s appeal of the. maximum prison term imposed for a fifth-degree-felony drug conviction as a matter of right. The majority does not follow the narrow statutory review required for a fifth-degree felony and by our holding in State v. McNeel (May 22, 1998), Hamilton App. No. C-960980, unreported, 1998 WL 258450.

A sentence that imposes a prison term for a fifth-degree felony is reviewable as a matter of right, under R.C. 2953.08(A)(2), only if the trial court does not specify one or more of the…