Opinion
No. 2008-2228.
January 28, 2009.
Montgomery App. No. 22454, 2008-Ohio-4748.
MOTION AND PROCEDURAL RULINGS.
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' Decision and Entry filed October 20, 2008:
"Is an agreed and jointly recommended sentence `authorized by law' under R.C. 2953.08(D)(1), and thus not reviewable, when the agreed sentence includes convictions for offenses that are allied offenses of similar import?"
The conflict cases are State v. Turrentine, Allen App. No. 01-08-18, 2008-Ohio-3231; State v. Jackson, Cuyahoga App. No. 86506, 2006-Ohio-3165; State v. Graham (Sept. 30, 1998), Franklin App. No. 97AP11-1524; and State v. Henderson (Sept. 27, 1999), Warren App. No. CA99-01-002.
Sua sponte, cause consolidated with 2008-2133, State v. Underwood, Montgomery App. No. 22454, 2008-Ohio-4748.