Did Court of Appeals Abuse Its Discretion in Granting Delayed Reconsideration of Offender’s Sentence?
State of Ohio v. Toby Palmer, Case no. 2008-2047 1st District Court of Appeals (Hamilton County) ISSUE: Did the 1st District Court of Appeals abuse its discretion in granting delayed reconsideration of a 2002 decision on the basis that a 2008 Supreme Court of Ohio decision cited the 1st District’s 2002 ruling as an erroneous application of the law? BACKGROUND: In 2001, Toby Palmer was tried and convicted on separate charges of aggravated robbery and robbery arising from the same events, and on an additional specification that a gun had been used in the commission of those crimes. Palmer was sentenced to separate prison terms of 10 years for aggravated robbery and eight years for robbery, plus an additional three years for the firearm specification, with all sentences to be served consecutively (one after the other). Palmer appealed his convictions and sentence. Among other claims, he asserted that the trial court had erred in imposing separate convictions and sentences for robbery and
