Can An Individual's Lawful Sentence Be Increased After He Has Served Part of That Sentence ?
In City of Brook Park v. Necak (1986), 30 Ohio App.3d 118, 30 Ohio B. 218, 506 N.E.2d 936, the defendant was convicted of driving under the influence of alcohol and was sentenced to 30 days incarceration, 27 days suspended, a $ 225 fine, and costs.
Six weeks later, after reviewing the presentence investigation report, the trial court discovered that the defendant had a previous alcohol-related conviction, and based on that information, resentenced the defendant to 60 days incarceration, 50 days suspended.
On appeal, the original judgment was reinstated because the court lacked authority to "increase a lawful sentence after the defendant had served part of that sentence" and because the "defendant's right to expect finality precluded such action." Id. at 120.