Court of Appeal for Ontario

Date: 2019-02-26 Docket: C60645 Judges: Doherty, Benotto and Huscroft JJ.A.

Between

Her Majesty the Queen Respondent

and

Jeremy Riehl Appellant

Counsel

Andrew Furgiuele, for the appellant

Christopher Greene, for the respondent

Hearing

Heard: February 25, 2019 in writing

On appeal from: The conviction entered on June 29, 2015 and the sentence imposed on June 29, 2015 by Justice Joseph W. Quinn of the Superior Court of Justice.

Appeal Book Endorsement

[1] The conviction appeal is dismissed as abandoned. The parties agree that in the circumstances, the appropriate sentence is nine months. They further agree that the appellant should receive credit of nine months for the time spent on bail pending trial and pending appeal and the time spent in custody.

[2] We accept the submission. The appeal is allowed and the sentence varied to time served (the equivalent of nine months).