Legal Opinion · Dissent

State v. Underwood

Ohio Supreme Court

Decided January 5, 2010No. 2008-2133 and 2008-2228Published

1DissentO’Donnell, J.

{¶ 36} Respectfully, I dissent.

{¶ 37} The Second District Court of Appeals agreed with the state of Ohio that its decision in this case conflicted with judgments of the Third, Eighth, Tenth, and Twelfth District Courts of Appeals, and it certified the following question to the Supreme Court for resolution:

{¶ 38} “Is an agreed and jointly recommended sentence ‘authorized by law’ under R.C. 2953.08(D)(1), and thus not reviewable, when the agreed sentence includes convictions for offenses that are allied offenses of similar import?”

Appealability of a Felony Sentence

{¶ 39} R.C. 2953.08(A)…

2Cases cited18 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. State v. CookOhio Supreme Court · 1998
  3. State v. PayneOhio Supreme Court · 2007
  4. State v. BrownOhio Supreme Court · 2008
  5. David Wayne Baker v. United StatesCourt of Appeals for the Sixth Circuit · 1986

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