State v. Jones

SEAN C. GALLAGHER, J., DISSENTING:

{¶ 35} Unfortunately, we are back where we started. State v. Jones , 2016-Ohio-7702, 76 N.E.3d 596 (" Jones II" ), should remain the decision in this case, and the en banc court is evenly split over a resolution to the conflict. There have been three characterizations of the conflict between State v. Ongert , 8th Dist. Cuyahoga No. 103208, 2016-Ohio-1543, 2016 WL 1464227, and Jones II :

• The state asked whether Marcum permits a more expansive, appellate review process, in which an appellate court may independently consider and weigh the sentencing factors…