Legal Opinion

State v. McComb

Ohio Court of Appeals

Decided February 23, 2018No. 27468Published

1Opinion of the CourtFroelich, J.

{¶ 1} In this delayed appeal, Davion McComb claims that the trial court erred in sentencing him to mandatory prison terms, in light of State v. Hand , 149 Ohio St.3d 94 , 2016-Ohio-5504 , 73 N.E.3d 448 . For the following reasons, the trial court's judgment will be affirmed in part, modified in part, and the matter will be remanded for the trial court to issue a revised judgment entry that eliminates the mandatory nature of defendant's sentence for aggravated robbery.

{¶ 2} On October 9, 2015, McComb was charged by bill of information with aggravated robbery (deadly weapon), a felony of the…

2Cases cited5 opinions

  1. Ali v. StateOhio Supreme Court · 2004
  2. State v. Hand (Slip Opinion)Ohio Supreme Court · 2016
  3. State v. GreathouseOhio Court of Appeals · 2012
  4. State v. FriendOhio Court of Appeals · 2016
  5. State v. SmithOhio Court of Appeals · 2017

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