YOUNGSTOWN, Ohio (WKBN) — The Seventh District Court of Appeals has vacated the sentence of a woman who was convicted of setting a fire that destroyed a South Side home.
The court has remanded the case of Cheree Moore, 44, who was sentenced Feb. 7 in Mahoning County Common Pleas Court to 23 and a half to 28 years in prison, back to Judge Maureen Sweeney for resentencing.
The appeals court decision was issued Friday and released on Monday.
Moore was convicted in December by a jury on two counts of aggravated arson with repeat violent offender specifications. Judge Sweeney sentenced Moore consecutively and added more time because of the repeat violent offender specification.
Moore’s attorney appealed her sentence, saying that the trial court failed to state on the record or in its judgment entry of sentencing why the sentences were to be served consecutively or why the repeat violent offender specification was applied.
The appeals court agreed with her argument.
The appeals court said in its ruling if Moore is sentenced the same way at her resentencing, the trial court must state on the record and in its judgment entry the reasons why consecutive sentences with a repeat violent offender specification were imposed.
State law requires the reasons be spelled out both in writing and on the record, the appeals court said.
Moore was convicted of setting a fire in August 2021 that destroyed a Regent Street home. Prosecutors said she set the fire as the result of a family dispute.
Prosecutors said Moore was arguing with family members who she accused of abusing one of her children. Police said they investigated her claim and could find no evidence to bring charges.
The fire put a woman in the hospital with burns, investigators said.
Court records do not show a new sentencing date.
