The Ohio Sixth Circuit Court of Appeals Friday remanded for resentencing a 2013 Wood County court
judgment that sent a Toledo man to prison for six months.
Zachary Cornett, 30, was indicted on a single count of attempted failure to appear, a fourth-degree
felony, after he failed to attend a hearing on a pending felony theft charge. However, the Ohio Revised
Code had reduced the theft to a misdemeanor.
He subsequently was sentenced after a no-contest plea.
Cornett then appealed on the grounds he was sentenced to a felony failure to appear though the underlying
offense was a misdemeanor, which is disallowed in Ohio law. The fact that the charge was an attempt
offense also lowered the severity.
The court agreed and reversed the Wood County court decision, sending it back for resentencing.