State v. Thomas
Ohio Court of Appeals
1Concurring in part, dissenting in partGuernsey, J.
I dissent from so much of the majority opinion and judgment as would permit the trial court to reconsider and reimpose the sentence for the crime of aggravated robbery with possible changes in its limits. The sentence for that crime pronounced in open court was a valid sentence within statutory limits, and, in my view, once pronounced in open court could not be changed. See State v. Butler (1974), 44 Ohio App. 2d 177, motion to certify overruled March 28, 1975. See also State v. Boyd (1972), 30 Ohio St. 2d 64. The only error involved as to that sentence was its memorialization in the court's…
2Cases cited2 opinions
- State v. ButlerOhio Court of Appeals · 1974
- State v. BoydOhio Supreme Court · 1972