Legal Opinion

State v. Evans, 85396 (6-28-2007)

Ohio Court of Appeals

Decided June 28, 2007No. 85396PublishedCited by 2 opinions

1Opinion of the Court

{¶ 1} This cause is before this court on remand from the Ohio Supreme Court. In State v. Evans, Cuyahoga App. No. 85396, 2005-Ohio-3847,("Evans I") we affirmed Evans' conviction but held that the trial court failed to make any of the statutory findings required to impose an additional three-year sentence for the repeat violent offender specification. We vacated Evans' entire sentence and remanded the case for resentencing. We also vacated the firearm specification. As a result of our holding, we further declined to address other alleged sentencing errors, finding them moot because Evans was…

2Cases cited15 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. State v. FosterOhio Supreme Court · 2006
  3. Alabama v. SmithSupreme Court of the United States · 1989
  4. State v. MathisOhio Supreme Court · 2006
  5. State v. SaxonOhio Supreme Court · 2006

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3Cited by2 opinions

  1. State v. ShepherdOhio Court of Appeals · 2012
  2. State v. CedenoOhio Court of Appeals · 2015

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