State v. Roberts

*295I. Introduction

{¶ 1} We must determine whether a defendant’s reincarceration after his release from prison violates the Double Jeopardy Clause. Under the facts of this case, we hold that the defendant had no legitimate expectation of finality when his sentence was modified on appeal to two years from eight years and the two-year sentence was stayed pending appeal to this court. Therefore, his resentencing and reincarceration did not violate the Double Jeopardy Clause. Accordingly, we affirm the judgment of the court of appeals.

II. Facts

{¶ 2} A jury convicted appellant, Danny Roberts, of five…