In State v. Bankston, the Second District Court of Appeals agreed with the State that the trial court imposed an unlawfully low prison term for a fifth‑degree felony aggravated drug possession conviction. The trial court had sentenced Bankston to four months in prison, but R.C. 2929.14(A)(5) requires a minimum term of six months for a fifth‑degree felony. Applying the felony‑sentencing review standard in R.C. 2953.08(G)(2), the court held the sentence was “contrary to law” because it fell below the statutory range and therefore had to be vacated.
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The court also rejected the defense argument that the trial court lacked jurisdiction to resentence Bankston after he had already served the original term, explaining that when the State files a direct sentencing appeal under R.C. 2953.08(B), a defendant has no legitimate expectation of finality in the sentence until that appeal is resolved. The case was remanded for a new sentencing hearing with a prison term that complies with Ohio’s felony‑sentencing statutes.
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