State v. Sawyer

Summary

The Supreme Court of Ohio reversed in part the judgment of the Court of Appeals for Hamilton County and remanded the case under State v. Underwood. The decision concerned appellate review of a jointly recommended sentence and the application of Ohio's allied-offenses and sentencing-review statutes. A dissent argued that the jointly recommended sentence was not reviewable and that the plea agreement should be preserved.

Holdings

1. The court of appeals had authority to review Sawyer's second and third assignments of error; its contrary conclusion was erroneous.
2. The court of appeals' judgment was reversed in part, and the cause was remanded for further proceedings consistent with State v. Underwood.

Questions Presented

1. Whether the court of appeals had authority to review Sawyer's second and third assignments of error concerning the failure to merge the aggravated-assault convictions as allied offenses of similar import.
2. Whether State v. Underwood required reversal and remand despite the jointly recommended and imposed sentence.

Disposition

reversed_and_remanded