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  #1  
Old 11-05-2005, 01:30 AM
trueblue101 trueblue101 is offline
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Default sentence reduction

my man is in ohio, and got sentenced to lwop plus 25 years, which run consecitive, will there be any sentece reductions or is he there forever
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Old 01-17-2006, 11:58 PM
Retired-24 Retired-24 is offline
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My b/f is in Ohio as well and hes doing an "18 to life bid" and hes been down 3 yrs so far. I just met him 16 months ago and I myself is trying to find out more about the "OH laws" but from what I am learning to understand...OH is very strict!!! Don't quote me on this but I think in OH too u have a certain amount of time after being sentenced to file for reduction and or appeals etc. Hopefully someone from OH will see this and help me out here........like I said hon Im still learning myself and its soooo much to consume and try and sort out to make sense yanno. Good luck and if u need anything please lemme know.......

~Bella~
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Old 01-18-2006, 12:24 AM
a_real_renegade a_real_renegade is offline
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Default Ohio sentences

Should you care to disclose the nature of the offense for which he is incarcerated (violent vs. nonviolent), I will look at Ohio sentencing laws and either let you know how they read or post them for you.
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Old 01-18-2006, 03:00 AM
a_real_renegade a_real_renegade is offline
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Default Ohio Sentencing guidelines for capital felony offenses

§ 2929.04. Criteria for imposing death or imprisonment
for a capital offense.

(A) Imposition of the death penalty for aggravated murder is
precluded unless one or more of the following is specified in
the indictment or count in the indictment pursuant to
section 2941.14 of the Revised Code and proved beyond a
reasonable doubt:

(1) The offense was the assassination of the president of the
United States or a person in line of succession to the
presidency, the governor or lieutenant governor of this
state, the president-elect or vice president-elect of the
United States, the governor-elect or lieutenant
governor-elect of this state, or a candidate for any of the
offices described in this division. For purposes of this
division, a person is a candidate if the person has been
nominated for election according to law, if the person has
filed a petition or petitions according to law to have the
person's name placed on the ballot in a primary or general
election, or if the person campaigns as a write-in candidate
in a primary or general election.

(2) The offense was committed for hire.

(3) The offense was committed for the purpose of escaping
detection, apprehension, trial, or punishment for another
offense committed by the offender.

(4) The offense was committed while the offender was under
detention or while the offender was at large after having
broken detention. As used in division (A)(4) of this section,
"detention" has the same meaning as in section 2921.01 of the
Revised Code, except that detention does not include
hospitalization, institutionalization, or confinement in a
mental health facility or mental retardation and
developmentally disabled facility unless at the time of the
commission of the offense either of the following
circumstances apply:

(a) The offender was in the facility as a result of being
charged with a violation of a section of the Revised Code.

(b) The offender was under detention as a result of being
convicted of or pleading guilty to a violation of a section
of the Revised Code.

(5) Prior to the offense at bar, the offender was convicted
of an offense an essential element of which was the
purposeful killing of or attempt to kill another, or the
offense at bar was part of a course of conduct involving the
purposeful killing of or attempt to kill two or more persons
by the offender.

(6) The victim of the offense was a law enforcement officer,
as defined in section 2911.01 of the Revised Code, whom the
offender had reasonable cause to know or knew to be a law
enforcement officer as so defined, and either the victim, at
the time of the commission of the offense, was engaged in the
victim's duties, or it was the offender's specific purpose to
kill a law enforcement officer as so defined.

(7) The offense was committed while the offender was
committing, attempting to commit, or fleeing immediately
after committing or attempting to commit kidnapping, rape,
aggravated arson, aggravated robbery, or aggravated burglary,
and either the offender was the principal offender in the
commission of the aggravated murder or, if not the principal
offender, committed the aggravated murder with prior
calculation and design.

(8) The victim of the aggravated murder was a witness to an
offense who was purposely killed to prevent the victim's
testimony in any criminal proceeding and the aggravated
murder was not committed during the commission, attempted
commission, or flight immediately after the commission or
attempted commission of the offense to which the victim was a
witness, or the victim of the aggravated murder was a witness
to an offense and was purposely killed in retaliation for the
victim's testimony in any criminal proceeding.

(9) The offender, in the commission of the offense,
purposefully caused the death of another who was under
thirteen years of age at the time of the commission of the
offense, and either the offender was the principal offender
in the commission of the offense or, if not the principal
offender, committed the offense with prior calculation and
design.

(10) The offense was committed while the offender was
committing, attempting to commit, or fleeing immediately
after committing or attempting to commit terrorism.

(B) If one or more of the aggravating circumstances listed in
division (A) of this section is specified in the indictment
or count in the indictment and proved beyond a reasonable
doubt, and if the offender did not raise the matter of age
pursuant to section 2929.023 [2929.02.3] of the Revised Code
or if the offender, after raising the matter of age, was
found at trial to have been eighteen years of age or older at
the time of the commission of the offense, the court, trial
jury, or panel of three judges shall consider, and weigh
against the aggravating circumstances proved beyond a
reasonable doubt, the nature and circumstances of the
offense, the history, character, and background of the
offender, and all of the following factors:

(1) Whether the victim of the offense induced or facilitated
it;

(2) Whether it is unlikely that the offense would have been
committed, but for the fact that the offender was under
duress, coercion, or strong provocation;

(3) Whether, at the time of committing the offense, the
offender, because of a mental disease or defect, lacked
substantial capacity to appreciate the criminality of the
offender's conduct or to conform the offender's conduct to
the requirements of the law;

(4) The youth of the offender;

(5) The offender's lack of a significant history of prior
criminal convictions and delinquency adjudications;

(6) If the offender was a participant in the offense but not
the principal offender, the degree of the offender's
participation in the offense and the degree of the offender's
participation in the acts that led to the death of the
victim;

(7) Any other factors that are relevant to the issue of
whether the offender should be sentenced to death.

(C) The defendant shall be given great latitude in the
presentation of evidence of the factors listed in
division (B) of this section and of any other factors in
mitigation of the imposition of the sentence of death.

The existence of any of the mitigating factors listed in
division (B) of this section does not preclude the imposition
of a sentence of death on the offender but shall be weighed
pursuant to divisions (D)(2) and (3) of section 2929.03 of
the Revised Code by the trial court, trial jury, or the panel
of three judges against the aggravating circumstances the
offender was found guilty of committing.

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 1
(Eff 10-19-81); 147 v S 32 (Eff 8-6-97); 147 v H 151
(Eff 9-16-97); 147 v S 193 (Eff 12-29-98); 149 v S 184.
Eff 5-15-2002.



§ 2929.14. Basic prison terms.

(A) Except as provided in division (C), (D)(1), (D)(2),
(D)(3), (D)(4), (D)(5), (D)(6), or (G) of this section and
except in relation to an offense for which a sentence of
death or life imprisonment is to be imposed, if the court
imposing a sentence upon an offender for a felony elects or
is required to impose a prison term on the offender pursuant
to this chapter, the court shall impose a definite prison
term that shall be one of the following:

(1) For a felony of the first degree, the prison term shall
be three, four, five, six, seven, eight, nine, or ten years.

(2) For a felony of the second degree, the prison term shall
be two, three, four, five, six, seven, or eight years.

(3) For a felony of the third degree, the prison term shall
be one, two, three, four, or five years.

(4) For a felony of the fourth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.

(5) For a felony of the fifth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, or twelve months.

(B) Except as provided in division (C), (D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), or (G) of this section, in
section 2907.02 of the Revised Code, or in Chapter 2925. of
the Revised Code, if the court imposing a sentence upon an
offender for a felony elects or is required to impose a prison
term on the offender, the court shall impose the shortest
prison term authorized for the offense pursuant to
division (A) of this section, unless one or more of the
following applies:

(1) The offender was serving a prison term at the time of the
offense, or the offender previously had served a prison term.

(2) The court finds on the record that the shortest prison
term will demean the seriousness of the offender's conduct or
will not adequately protect the public from future crime by
the offender or others.

(C) Except as provided in division (G) of this section or in
Chapter 2925. of the Revised Code, the court imposing a
sentence upon an offender for a felony may impose the longest
prison term authorized for the offense pursuant to
division (A) of this section only upon offenders who
committed the worst forms of the offense, upon offenders who
pose the greatest likelihood of committing future crimes,
upon certain major drug offenders under division (D)(3) of
this section, and upon certain repeat violent offenders in
accordance with division (D)(2) of this section.

(D) (1) (a) Except as provided in division (D)(1)(e) of this
section, if an offender who is convicted of or pleads guilty
to a felony also is convicted of or pleads guilty to a
specification of the type described in
section 2941.141 [2941.14.1], 2941.144 [2941.14.4], or
2941.145 [2941.14.5] of the Revised Code, the court shall
impose on the offender one of the following prison terms:

(i) A prison term of six years if the specification is of the
type described in section 2941.144 [2941.14.4] of the Revised
Code that charges the offender with having a firearm that is
an automatic firearm or that was equipped with a firearm
muffler or silencer on or about the offender's person or
under the offender's control while committing the felony;

(ii) A prison term of three years if the specification is of
the type described in section 2941.145 [2941.14.5] of the
Revised Code that charges the offender with having a firearm
on or about the offender's person or under the offender's
control while committing the offense and displaying the
firearm, brandishing the firearm, indicating that the
offender possessed the firearm, or using it to facilitate the
offense;

(iii) A prison term of one year if the specification is of
the type described in section 2941.141 [2941.14.1] of the
Revised Code that charges the offender with having a firearm
on or about the offender's person or under the offender's
control while committing the felony.

(b) If a court imposes a prison term on an offender under
division (D)(1)(a) of this section, the prison term shall not
be reduced pursuant to section 2929.20,
section 2967.193 [2967.19.3], or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. A court
shall not impose more than one prison term on an offender
under division (D)(1)(a) of this section for felonies
committed as part of the same act or transaction.

(c) Except as provided in division (D)(1)(e) of this section,
if an offender who is convicted of or pleads guilty to a
violation of section 2923.161 [2923.16.1] of the Revised Code
or to a felony that includes, as an essential element,
purposely or knowingly causing or attempting to cause the
death of or physical harm to another, also is convicted of or
pleads guilty to a specification of the type described in
section 2941.146 [2941.14.6] of the Revised Code that charges
the offender with committing the offense by discharging a
firearm from a motor vehicle other than a manufactured home,
the court, after imposing a prison term on the offender for
the violation of section 2923.161 [2923.16.1] of the Revised
Code or for the other felony offense under division (A),
(D)(2), or (D)(3) of this section, shall impose an additional
prison term of five years upon the offender that shall not be
reduced pursuant to section 2929.20,
section 2967.193 [2967.19.3], or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. A court
shall not impose more than one additional prison term on an
offender under division (D)(1)(c) of this section for
felonies committed as part of the same act or transaction. If
a court imposes an additional prison term on an offender
under division (D)(1)(c) of this section relative to an
offense, the court also shall impose a prison term under
division (D)(1)(a) of this section relative to the same
offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to
the offender and the offense.

(d) If an offender who is convicted of or pleads guilty to an
offense of violence that is a felony also is convicted of or
pleads guilty to a specification of the type described in
section 2941.1411 [2941.14.11] of the Revised Code that
charges the offender with wearing or carrying body armor
while committing the felony offense of violence, the court
shall impose on the offender a prison term of two years. The
prison term so imposed shall not be reduced pursuant to
section 2929.20, section 2967.193 [2967.19.3], or any other
provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on
an offender under division (D)(1)(d) of this section for
felonies committed as part of the same act or transaction. If
a court imposes an additional prison term under
division (D)(1)(a) or (c) of this section, the court is not
precluded from imposing an additional prison term under
division (D)(1)(d) of this section.

(e) The court shall not impose any of the prison terms
described in division (D)(1)(a) of this section or any of the
additional prison terms described in division (D)(1)(c) of
this section upon an offender for a violation of
section 2923.12 or 2923.123 [2923.12.3] of the Revised Code.
The court shall not impose any of the prison terms described
in division (D)(1)(a) of this section or any of the additional
prison terms described in division (D)(1)(c) of this section
upon an offender for a violation of section 2923.13 of the
Revised Code unless all of the following apply:

(i) The offender previously has been convicted of aggravated
murder, murder, or any felony of the first or second degree.

(ii) Less than five years have passed since the offender was
released from prison or post-release control, whichever is
later, for the prior offense.

(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another
and also is convicted of or pleads guilty to a specification
of the type described in section 2941.1412 [2941.14.12] of
the Revised Code that charges the offender with committing
the offense by discharging a firearm at a peace officer as
defined in section 2935.01 of the Revised Code or a
corrections officer as defined in
section 2941.1412 [2941.14.12] of the Revised Code, the
court, after imposing a prison term on the offender for the
felony offense under division (A), (D)(2), or (D)(3) of this
section, shall impose an additional prison term of seven
years upon the offender that shall not be reduced pursuant to
section 2929.20, section 2967.193 [2967.19.3], or any other
provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one additional
prison term on an offender under division (D)(1)(f) of this
section for felonies committed as part of the same act or
transaction. If a court imposes an additional prison term on
an offender under division (D)(1)(f) of this section relative
to an offense, the court shall not impose a prison term under
division (D)(1)(a) or (c) of this section relative to the
same offense.

(2) (a) If an offender who is convicted of or pleads guilty
to a felony also is convicted of or pleads guilty to a
specification of the type described in
section 2941.149 [2941.14.9] of the Revised Code that the
offender is a repeat violent offender, the court shall impose
a prison term from the range of terms authorized for the
offense under division (A) of this section that may be the
longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193 [2967.19.3], or
any other provision of Chapter 2967. or Chapter 5120. of the
Revised Code. If the court finds that the repeat violent
offender, in committing the offense, caused any physical harm
that carried a substantial risk of death to a person or that
involved substantial permanent incapacity or substantial
permanent disfigurement of a person, the court shall impose
the longest prison term from the range of terms authorized
for the offense under division (A) of this section.

(b) If the court imposing a prison term on a repeat violent
offender imposes the longest prison term from the range of
terms authorized for the offense under division (A) of this
section, the court may impose on the offender an additional
definite prison term of one, two, three, four, five, six,
seven, eight, nine, or ten years if the court finds that both
of the following apply with respect to the prison terms
imposed on the offender pursuant to division (D)(2)(a) of
this section and, if applicable, divisions (D)(1) and (3) of
this section:

(i) The terms so imposed are inadequate to punish the
offender and protect the public from future crime, because
the applicable factors under section 2929.12 of the Revised
Code indicating a greater likelihood of recidivism outweigh
the applicable factors under that section indicating a lesser
likelihood of recidivism.

(ii) The terms so imposed are demeaning to the seriousness of
the offense, because one or more of the factors under
section 2929.12 of the Revised Code indicating that the
offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the
applicable factors under that section indicating that the
offender's conduct is less serious than conduct normally
constituting the offense.

(3) (a) Except when an offender commits a violation of
section 2903.01 or 2907.02 of the Revised Code and the
penalty imposed for the violation is life imprisonment or
commits a violation of section 2903.02 of the Revised Code,
if the offender commits a violation of section 2925.03 or
2925.11 of the Revised Code and that section classifies the
offender as a major drug offender and requires the imposition
of a ten-year prison term on the offender, if the offender
commits a felony violation of section 2925.02, 2925.04,
2925.05, 2925.36, 3719.07, 3719.08, 3719.16,
3719.161 [3719.16.1], 4729.37, or 4729.61, division (C) or (D)
of section 3719.172 [3719.17.2], division (C) of
section 4729.51, or division (J) of section 4729.54 of the
Revised Code that includes the sale, offer to sell, or
possession of a schedule I or II controlled substance, with
the exception of marihuana, and the court imposing sentence
upon the offender finds that the offender is guilty of a
specification of the type described in
section 2941.1410 [2941.14.10] of the Revised Code charging
that the offender is a major drug offender, if the court
imposing sentence upon an offender for a felony finds that
the offender is guilty of corrupt activity with the most
serious offense in the pattern of corrupt activity being a
felony of the first degree, or if the offender is guilty of
an attempted violation of section 2907.02 of the Revised Code
and, had the offender completed the violation of
section 2907.02 of the Revised Code that was attempted, the
offender would have been subject to a sentence of life
imprisonment or life imprisonment without parole for the
violation of section 2907.02 of the Revised Code, the court
shall impose upon the offender for the felony violation a
ten-year prison term that cannot be reduced pursuant to
section 2929.20 or Chapter 2967. or 5120. of the Revised
Code.

(b) The court imposing a prison term on an offender under
division (D)(3)(a) of this section may impose an additional
prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years, if the court, with respect to the
term imposed under division (D)(3)(a) of this section and, if
applicable, divisions (D)(1) and (2) of this section, makes
both of the findings set forth in divisions (D)(2)(b)(i) and
(ii) of this section.

(4) If the offender is being sentenced for a third or fourth
degree felony OVI offense under division (G)(2) of
section 2929.13 of the Revised Code, the sentencing court shall
impose upon the offender a mandatory prison term in
accordance with that division. In addition to the mandatory
prison term, if the offender is being sentenced for a fourth
degree felony OVI offense, the court, notwithstanding
division (A)(4) of this section, may sentence the offender to
a definite prison term of not less than six months and not
more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing court may sentence the offender to an additional
prison term of any duration specified in division (A)(3) of
this section. In either case, the additional prison term
imposed shall be reduced by the sixty or one hundred twenty
days imposed upon the offender as the mandatory prison term.
The total of the additional prison term imposed under
division (D)(4) of this section plus the sixty or one hundred
twenty days imposed as the mandatory prison term shall equal
a definite term in the range of six months to thirty months
for a fourth degree felony OVI offense and shall equal one of
the authorized prison terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If the
court imposes an additional prison term under division (D)(4)
of this section, the offender shall serve the additional
prison term after the offender has served the mandatory
prison term required for the offense. In addition to the
mandatory prison term or mandatory and additional prison term
imposed as described in division (D)(4) of this section, the
court also may sentence the offender to a community control
sanction under section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.

If the offender is being sentenced for a fourth degree felony
OVI offense under division (G)(1) of section 2929.13 of the
Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as
described in division (A)(1) of that section.

(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in
section 2941.1413 [2941.14.13] of the Revised Code that
charges that the victim of the offense is a peace officer, as
defined in section 2935.01 of the Revised Code, the court
shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under
division (D)(5) of this section, the prison term shall not be
reduced pursuant to section 2929.20,
section 2967.193 [2967.19.3], or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. A court
shall not impose more than one prison term on an offender
under division (D)(5) of this section for felonies committed
as part of the same act.

(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in
section 2941.1414 [2941.14.14] of the Revised Code that
charges that the offender previously has been convicted of or
pleaded guilty to three or more violations of division (A) or
(B) of section 4511.19 of the Revised Code or an equivalent
offense, as defined in section 2941.1414 [2941.14.14] of the
Revised Code, or three or more violations of any combination
of those divisions and offenses, the court shall impose on the
offender a prison term of three years. If a court imposes a
prison term on an offender under division (D)(6) of this
section, the prison term shall not be reduced pursuant to
section 2929.20, section 2967.193 [2967.19.3], or any other
provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(6) of this section for felonies
committed as part of the same act.

(E) (1) (a) Subject to division (E)(1)(b) of this section, if
a mandatory prison term is imposed upon an offender pursuant
to division (D)(1)(a) of this section for having a firearm on
or about the offender's person or under the offender's
control while committing a felony, if a mandatory prison term
is imposed upon an offender pursuant to division (D)(1)(c) of
this section for committing a felony specified in that
division by discharging a firearm from a motor vehicle, or if
both types of mandatory prison terms are imposed, the
offender shall serve any mandatory prison term imposed under
either division consecutively to any other mandatory prison
term imposed under either division or under division (D)(1)(d)
of this section, consecutively to and prior to any
prison term imposed for the underlying felony pursuant to
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other
prison term or mandatory prison term previously or
subsequently imposed upon the offender.

(b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for wearing or
carrying body armor while committing an offense of violence
that is a felony, the offender shall serve the mandatory term
so imposed consecutively to any other mandatory prison term
imposed under that division or under division (D)(1)(a) or
(c) of this section, consecutively to and prior to any prison
term imposed for the underlying felony under division (A),
(D)(2), or (D)(3) of this section or any other section of the
Revised Code, and consecutively to any other prison term or
mandatory prison term previously or subsequently imposed upon
the offender.

(c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender
shall serve the mandatory prison term so imposed
consecutively to and prior to any prison term imposed for the
underlying felony under division (A), (D)(2), or (D)(3) of
this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison
term previously or subsequently imposed upon the offender.

(2) If an offender who is an inmate in a jail, prison, or
other residential detention facility violates
section 2917.02, 2917.03, 2921.34, or 2921.35 of the Revised
Code, if an offender who is under detention at a detention
facility commits a felony violation of
section 2923.131 [2923.13.1] of the Revised Code, or if an
offender who is an inmate in a jail, prison, or other
residential detention facility or is under detention at a
detention facility commits another felony while the offender
is an escapee in violation of section 2921.34 of the Revised
Code, any prison term imposed upon the offender for one of
those violations shall be served by the offender
consecutively to the prison term or term of imprisonment the
offender was serving when the offender committed that offense
and to any other prison term previously or subsequently
imposed upon the offender.

(3) If a prison term is imposed for a violation of
division (B) of section 2911.01 of the Revised Code, a
violation of division (A) of section 2913.02 of the Revised
Code in which the stolen property is a firearm or dangerous
ordnance, or a felony violation of division (B) of
section 2921.331 [2921.33.1] of the Revised Code, the
offender shall serve that prison term consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.

(4) If multiple prison terms are imposed on an offender for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect
the public from future crime or to punish the offender and
that consecutive sentences are not disproportionate to the
seriousness of the offender's conduct and to the danger the
offender poses to the public, and if the court also finds any
of the following:

(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing,
was under a sanction imposed pursuant to section 2929.16,
2929.17, or 2929.18 of the Revised Code, or was under
post-release control for a prior offense.

(b) At least two of the multiple offenses were committed as
part of one or more courses of conduct, and the harm caused
by two or more of the multiple offenses so committed was so
great or unusual that no single prison term for any of the
offenses committed as part of any of the courses of conduct
adequately reflects the seriousness of the offender's
conduct.

(c) The offender's history of criminal conduct demonstrates
that consecutive sentences are necessary to protect the
public from future crime by the offender.

(5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the
offender shall serve the mandatory prison term consecutively
to and prior to any prison term imposed for the underlying
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code pursuant to division (A) of this section. If a
mandatory prison term is imposed upon an offender pursuant to
division (D)(5) of this section, and if a mandatory prison
term also is imposed upon the offender pursuant to
division (D)(6) of this section in relation to the same
violation, the offender shall serve the mandatory prison term
imposed pursuant to division (D)(5) of this section
consecutively to and prior to the mandatory prison term
imposed pursuant to division (D)(6) of this section and
consecutively to and prior to any prison term imposed for the
underlying violation of division (A)(1) or (2) of
section 2903.06 of the Revised Code pursuant to division (A)
of this section.

(6) When consecutive prison terms are imposed pursuant to
division (E)(1), (2), (3), (4), or (5) of this section, the
term to be served is the aggregate of all of the terms so
imposed.

(F) If a court imposes a prison term of a type described in
division (B) of section 2967.28 of the Revised Code, it shall
include in the sentence a requirement that the offender be
subject to a period of post-release control after the
offender's release from imprisonment, in accordance with that
division. If a court imposes a prison term of a type
described in division (C) of that section, it shall include
in the sentence a requirement that the offender be subject to
a period of post-release control after the offender's release
from imprisonment, in accordance with that division, if the
parole board determines that a period of post-release control
is necessary.

(G) If a person is convicted of or pleads guilty to a violent
sex offense or a designated homicide, assault, or kidnapping
offense and, in relation to that offense, the offender is
adjudicated a sexually violent predator, the court shall
impose sentence upon the offender in accordance with
section 2971.03 of the Revised Code, and Chapter 2971. of the
Revised Code applies regarding the prison term or term of life
imprisonment without parole imposed upon the offender and the
service of that term of imprisonment.

(H) If a person who has been convicted of or pleaded guilty
to a felony is sentenced to a prison term or term of
imprisonment under this section, sections 2929.02 to 2929.06
of the Revised Code, section 2971.03 of the Revised Code, or
any other provision of law, section 5120.163 [5120.16.3] of
the Revised Code applies regarding the person while the
person is confined in a state correctional institution.

(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence also is convicted of or
pleads guilty to a specification of the type described in
section 2941.142 [2941.14.2] of the Revised Code that charges
the offender with having committed the felony while
participating in a criminal gang, the court shall impose upon
the offender an additional prison term of one, two, or three
years.

(J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a felony of the first, second,
or third degree that is an offense of violence also is
convicted of or pleads guilty to a specification of the type
described in section 2941.143 [2941.14.3] of the Revised Code
that charges the offender with having committed the offense
in a school safety zone or towards a person in a school
safety zone, the court shall impose upon the offender an
additional prison term of two years. The offender shall serve
the additional two years consecutively to and prior to the
prison term imposed for the underlying offense.

(K) At the time of sentencing, the court may recommend the
offender for placement in a program of shock incarceration
under section 5120.031 [5120.03.1] of the Revised Code or for
placement in an intensive program prison under
section 5120.032 [5120.03.2] of the Revised Code, disapprove
placement of the offender in a program of shock incarceration
or an intensive program prison of that nature, or make no
recommendation on placement of the offender. In no case shall
the department of rehabilitation and correction place the
offender in a program or prison of that nature unless the
department determines as specified in
section 5120.031 [5120.03.1] or 5120.032 [5120.03.2] of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement.

If the court disapproves placement of the offender in a
program or prison of that nature, the department of
rehabilitation and correction shall not place the offender in
any program of shock incarceration or intensive program
prison.

If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program
prison, and if the offender is subsequently placed in the
recommended program or prison, the department shall notify
the court of the placement and shall include with the notice
a brief description of the placement.

If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program
prison and the department does not subsequently place the
offender in the recommended program or prison, the department
shall send a notice to the court indicating why the offender
was not placed in the recommended program or prison.

If the court does not make a recommendation under this
division with respect to an offender and if the department
determines as specified in section 5120.031 [5120.03.1] or
5120.032 [5120.03.2] of the Revised Code, whichever is
applicable, that the offender is eligible for placement in a
program or prison of that nature, the department shall screen
the offender and determine if there is an available program
of shock incarceration or an intensive program prison for
which the offender is suited. If there is an available
program of shock incarceration or an intensive program prison
for which the offender is suited, the department shall notify
the court of the proposed placement of the offender as
specified in section 5120.031 [5120.03.1] or
5120.032 [5120.03.2] of the Revised Code and shall include
with the notice a brief description of the placement. The
court shall have ten days from receipt of the notice to
disapprove the placement.

HISTORY: 146 v S 2 (Eff 7-1-96); 146 v S 269
(Eff 7-1-96); 146 v H 88 (Eff 9-3-96); 146 v H 445
(Eff 9-3-96); 146 v H 154 (Eff 10-4-96); 146 v S 166
(Eff 10-17-96); 146 v H 180 (Eff 1-1-97); 147 v H 151
(Eff 9-16-97); 147 v H 32 (Eff 3-10-98); 147 v S 111
(Eff 3-17-98); 147 v H 2
(Eff 1-1-99); 148 v S 1 (Eff 8-6-99); 148 v H 29
(Eff 10-29-99); 148 v S 107 (Eff 3-23-2000); 148 v S 22
(Eff 5-17-2000); 148 v S 222 (Eff 3-22-2001); 149 v H 485
(Eff 6-13-2002); 149 v H 327 (Eff 7-8-2002); 149 v H 130.
Eff 4-7-2003; 149 v S 123, § 1, eff. 1-1-04; 150 v H 12,
§§ 1, 3, eff. 4-8-04[fn†]; 150 v H 52, § 1,
eff. 6-1-04; 150 v H 163, § 1, eff. 9-23-04; 150 v H 473,
§ 1, eff. 4-29-05.

[fn†] Section 3, H.B. 12, Acts 2004, purported to amend the
version of RC § 2929.14 as amended by S.B. 123 (149 v — ),
which took effect on January 1, 2004. However, H.B. 12,
Acts 2004 was approved January 8, 2004, and became
effective April 8, 2004.



Sentencing Commission Guidelines

http://www.sconet.state.oh.us/sentencing_commission/Publications/SB2.pdf#search='ohio%20prison%20sentence%20reducti ons'
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Old 07-31-2006, 08:54 PM
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Hi,I think that we are in the same boat. I have son that's in South Carolina Department of Correctionand he has a 85% maxium . He has to serve 25 years. he has serve 3 years in Leiber County in Ridgeville S.C. this is near Charleston S.C. And he has had 2 appeals and was turned down. But I do have faith and my son will be coming home soon. So your B/F will get an appeal.
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Old 08-01-2006, 06:04 AM
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My husband served time in an Ohio prison. Yea, Ohio is very strict, and yes there are limitations on applying for things. Its been a while and we have tried to forget the past and carry on with the future but I might suggest to you to post in the Ohio forum, you are likely to get your answers there....good luck.
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Old 08-27-2006, 11:35 AM
ladyd0012003 ladyd0012003 is offline
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Default first time offender

My husband has been sentenced to 3yrs to va. state prison for indecent liberties with a minor. unfortunately i know the girl, the incedent happend in aug. of 2004 and she didnt comeforth until december 2006, he was cooperative throught the court dates, she continued to stay over my apt. and even got mad at me when i told her she couldnt stay some weekends.
the only reason she came forth then when was she couldnt get her way and then told me 2years after the fact. can somebody please help me on getting sentence reduction on this matter. she had been molested before by her stepfather, and hit by her own mother and her brother abused also by the stepfather and the stepfather is walking the streets right now because the girls mother didnt wont them taken away from her, the only thing that came out in court was that my husband new that this has hapened before and now he is paying for the girls mental breakdown, that was also caused by her stepfather, i would appreciate any info i can grasp
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Old 08-28-2006, 07:43 PM
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Certain sections of the sentecing guideline in Ohio have recently been ruled unconstitutional. I am following this matter very close now here are the section thath have been ruled unconsitutional. 299.14 (B), (C), (D)(2)(b), (D)(3)(b), (E)(4), 2929.19(B)(2) and 2929.41(A). If you want more info. get a hold of me .
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Old 08-29-2006, 07:50 PM
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Quote:
Originally Posted by Patrickj
Certain sections of the sentecing guideline in Ohio have recently been ruled unconstitutional. I am following this matter very close now here are the section thath have been ruled unconsitutional. 299.14 (B), (C), (D)(2)(b), (D)(3)(b), (E)(4), 2929.19(B)(2) and 2929.41(A). If you want more info. get a hold of me .
These guidelines that were ruled unconstitutional give judges more
lenience in sentencing. Now, they don't have to give ANY kind of reason behind why they are sentencing someone to a specific amount of time and it doesn't have to be justified... it's madness I tell you!
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Old 09-07-2006, 03:58 AM
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I have posted several times and maybe there are other users like myself, I don't see how to read my replies, if I have any at all. Would like answers to my questions if someone can help me it would be greatly appreciated. I post and I see 200+ replies but none pretains to me directly.
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Old 10-01-2006, 06:57 AM
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Hi - My son is sentenced to 5-7 yrs. and the time limit you were speaking of is 30 days from sentencing. Long story short......my son was sentenced on July 15th 2002 and we found out the beginning of August that we had 30 days to file for appeal or we have to wait at least 5 yrs. . We found a wonderful attorney (we had a public defender in the beginning) and he rushed things through in August. We still have a tough sentence but we understood the law much clearer alittle late but clearer.
Good luck with your situation.
PS I think it may depend on the charge also.
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Old 10-01-2006, 06:57 AM
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Hi - My son is sentenced to 5-7 yrs. and the time limit you were speaking of is 30 days from sentencing. Long story short......my son was sentenced on July 15th 2002 and we found out the beginning of August that we had 30 days to file for appeal or we have to wait at least 5 yrs. . We found a wonderful attorney (we had a public defender in the beginning) and he rushed things through in August. We still have a tough sentence but we understood the law much clearer alittle late but clearer.
Good luck with your situation.
PS I think it may depend on the charge also.
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Old 10-01-2006, 06:59 AM
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OOPS!!!!!!!!!!!!!!!COMPUTER GLICH ON MY PART. DIDN'T MEAN TO POST REPEAT RESPONSE 14 TIMES. DOES ANYONE KNOW HOW TO REMOVE DUPLICATES/TRIPLICATES.........?
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Old 11-28-2006, 08:31 AM
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Does anyone have any information on the laws in Texas for the (same as above) sentence reduction or time served?
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Old 05-29-2007, 06:07 PM
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ladyd0012003
you know about the same thing happened to my man but my man didnt do it because he was with me during the time that she said he did that. the little girl was molested between the ages of 4 and 8 and he mom didnt know (yeah right) then they put him in prison for 11 years then about 2 years later she was having sex with her 13 year old brother (she was 10 at this time) she got mad at him and told him if he didnt do something for her she would tell and it came out that they were having sex, she would hold things over his head and make him have sex with her, she told everyone that he raped her and he spent the next 3 years in juvy with 35 counts of rape on him, then she decided that she didnt like my man living with his mom (we werent together just friends at the time) so she accused him of the same thing but it supposedly happened after he lived there 2 years and in march of 04 she said he did it and didnt "tell" until September of that year, there was no evidence and no proof that he was ever alone with her but they gave him 10 years, because she said he did it, that really sucks.

Last edited by wpatti123; 05-29-2007 at 06:09 PM..
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Old 06-06-2007, 07:55 PM
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my husband had 2 lwop and 2 life under the habitual offender act. he's already served thirteen years. I can't afford a lawyer to help us get his sentences reduced to life so he can get a parole date. the judge says we cant use public council because taxpayers will not pay for him to get out of prison. so, who does that lay the problem on--me and our four children. I really need a place to vent this frustration then when i'm through venting, get into a solution. Anyone got any suggestions?

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Old 08-07-2007, 07:49 PM
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My son was just informed that the prison hes in is taking 4 months of his gain time because of a couple infractions. Can they do this? What can he do to try and get this corrected? Hes in Cross City Correctional in Florida
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Old 12-13-2007, 01:31 PM
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can somebody please tell me how to post on here??? I'm new here. Thanks
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Old 12-13-2007, 05:31 PM
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Quote:
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can somebody please tell me how to post on here??? I'm new here. Thanks
You have made your first post right here. Just go to a fourm and if you have a question click the new thread button on the upper left hand corner. Type in your question and wait for a response You will need to name your thread also For example Need help findindg laws pertaining to assualt . this is a very easy site to work and plenty of opinions here
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