Ohio Code § 2953.07

§ 2953.07.

(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.