Legal Question in Appeals and Writs in Ohio

Precident in laws
A young adult relative of mine was sentenced for 4 counts of rape for having oral sex with a girl under thirteen.The sentence was as follows-The court further finds the defendant not amenable to community controland that prison is consistent with the purposes of o.r.c.2929.11. It is therefore ordered and adjudged by this court that the defendant be committed to the Ohio department of rehabilitation for a definite period of 9 yearson each of 4 countswhich are not mandatory termsprsuant to o.r.c. 2929(F),2929.14(D)(3),or 2925.01,for punishment of the crime of rape o.r.c.section 2907.02(A)(1)(b)felonies of the 1st degree.The 4 counts to be served concurrently.
He has served over 5 yrs. so I tried to get a judicial release,but the prosecutor put out a Motion In Opposition and stated that the defendant is not eligible because the stated term for rape is mandatory and pursuant to o.r.c.2929.13(F)(2) the court shall not reduce the prison term imposed.
That is where the situation stands now.My question is-Does the judges statement at at sentencing stating that''the defendant's 9 yr. sentence is not mandatory''lose it's validity according to the prosecut or's use of o.r.c. 2929.13(F)(2)?

Asked on 8/07/07, 2:49 pm

Edward DiCato Edward DiCato Attorney at Law

0 users found helpful

0 attorneys agreed

Re: Precident in laws

The statute would supercede the judges order. If it states it is mandatory, then it is. It was probably a mistake by the judge.

Answered on 8/08/07, 7:00 pm

Keywords

Match Any Match All

Country

State

Area of Law