Effective: September 21, 1995
Latest Legislation: Senate Bill 2, Senate Bill 4 - 121st General Assembly
(A) Upon the hearing of an appeal other than an appeal from a mayor's court, the appellate court may affirm the judgment or reverse it, in whole or in part, or modify it, and order the accused to be discharged or grant a new trial. The appellate court may remand the accused for the sole purpose of correcting a sentence imposed contrary to law, provided that, on an appeal of a sentence imposed upon a person who is convicted of or pleads guilty to a felony that is brought under section 2953.08 of the Revised Code, division (G) of that section applies to the court. If the judgment is reversed, the appellant shall recover from the appellee all court costs incurred to secure the reversal, including the cost of transcripts. In capital cases, when the judgment is affirmed and the day fixed for the execution is passed, the appellate court shall appoint a day for it, and the clerk of the appellate court shall issue a warrant under the seal of the appellate court, to the sheriff of the proper county, or the warden of the appropriate state correctional institution, commanding the sheriff or warden to carry the sentence into execution on the day so appointed. The sheriff or warden shall execute and return the warrant as in other cases, and the clerk shall record the warrant and return.
(B) As used in this section, "appellate court" means, for a case in which a sentence of death is imposed for an offense committed before January 1, 1995, both the court of appeals and the supreme court, and for a case in which a sentence of death is imposed for an offense committed on or after January 1, 1995, the supreme court.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Structure Ohio Revised Code
Chapter 2953 | Appeals; Other Postconviction Remedies
Section 2953.01 | Appeals and Post-Conviction Remedies Definitions.
Section 2953.02 | Review of Judgments on Appeal.
Section 2953.03 | Motion for New Trial - Notice of Appeal Filed.
Section 2953.07 | Powers of Appellate Court.
Section 2953.08 | Appeal as a Matter of Right - Grounds.
Section 2953.09 | Execution of the Sentence or Judgment Suspended.
Section 2953.10 | Power and Authority to Suspend Execution of Sentence.
Section 2953.11 | Custody of Defendant Under Suspended Sentence Pending Appeal.
Section 2953.13 | Reversal of Conviction.
Section 2953.14 | State May Institute Appeal.
Section 2953.21 | Post Conviction Relief Petition.
Section 2953.22 | Post Conviction Relief Hearing.
Section 2953.23 | Post Conviction Relief Petition - Time for Filing.
Section 2953.31 | Sealing of Record of Conviction Definitions.
Section 2953.32 | Sealing of Conviction Record or Bail Forfeiture Record.
Section 2953.34 | Sealing Record Not to Affect Appeal Rights of Eligible Offender.
Section 2953.37 | Expungement of Certain Convictions Relating to Firearms.
Section 2953.38 | Expungement of Certain Crimes for Victims of Human Trafficking.
Section 2953.521 | Application for Order to Expunge Records.
Section 2953.57 | Timing of Judgment Vacating and Setting Aside Conviction Because of DNA Testing.
Section 2953.58 | Orders to Seal Official Records.
Section 2953.61 | Multiple Charges; Sealing of Records.
Section 2953.71 | Post Conviction DNA Testing Definitions.
Section 2953.72 | Application for Testing.
Section 2953.73 | Form and Service of Application.
Section 2953.74 | Effect of Prior Tests.
Section 2953.75 | Prosecutor to Use Reasonable Diligence to Obtain Biological Material for Test.
Section 2953.76 | Prosecutor to Consult With Testing Authority.
Section 2953.77 | Chain of Custody.
Section 2953.78 | Selection of Testing Authority.
Section 2953.79 | Obtaining Sample From Applicant.
Section 2953.80 | Criteria for Testing Authority.
Section 2953.81 | Test Results.
Section 2953.83 | Rules of Criminal Procedure Applicable.
Section 2953.84 | Statutory Post-Conviction DNA Testing Not Exclusive.