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State v. A.H.

Court of Appeals of Ohio, Eighth District

June 20, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
A.H. DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-559933

ATTORNEY FOR APPELLANT Joseph E. Feighan, III

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor, John Hanley Joseph J. Ricotta Assistant Prosecuting Attorneys The Justice Center

BEFORE: Celebrezze, J., Boyle, P.J., and S. Gallagher, J.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR, JUDGE.

{¶ 1} Defendant-appellant, A.H., [1] appeals his sentence received in the common pleas court following a guilty plea. After careful review of the record and relevant case law, we affirm appellant's sentence.

{¶2} On February 28, 2012, appellant was indicted by the Cuyahoga County Grand Jury in Cuyahoga C.P. No. CR-559933 on two counts of kidnapping in violation of R.C. 2905.01(A)(2), with firearm and forfeiture specifications; two counts of aggravated robbery in violation of R.C. 2911.01(A)(1), with firearm and forfeiture specifications; three counts of theft in violation of R.C. 2913.02(A)(1), with firearm and forfeiture specifications; one count of felonious assault in violation of R.C. 2903.11(A)(2), with firearm and forfeiture specifications; and one count of having a weapon while under disability in violation of R.C. 2923.13(A)(1), with a forfeiture specification.

{¶3} On April 30, 2012, appellant entered a guilty plea to one count of aggravated robbery with a one-year firearm specification attached thereto. The remaining counts were dismissed by the state. The facts presented at the plea hearing established that, on September 21, 2011, appellant and a codefendant stopped two victims at gun point and demanded their money. On May 30, 2012, the trial court sentenced appellant to six years on the aggravated robbery count and one year on the firearm specification, to run consecutively, for an aggregate seven-year term of imprisonment.

{¶ 4} Appellant now brings this timely appeal, raising five assignments of error for review:

I. The trial court's sentence was contrary to law for not considering all the factors required under [R.C.] 2929.11.
II. The trial court's sentence was contrary to law for not considering all the factors required under [R.C.] 2929.12.
III. The trial court abused its discretion when it sentenced appellant to a six-year prison term for his conviction of aggravated robbery.
IV. The trial court abused its discretion when it sentenced appellant to a one-year prison term consecutive to the six-year prison term imposed.
V. The trial court committed reversible error when it sentenced appellant to a one-year mandatory prison term for firearm specification consecutive to the six-year prison term imposed for aggravated robbery without placing its ...

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