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State v. Shanks

Court of Appeals of Ohio, Fifth District

June 26, 2013

STATE OF OHIO Plaintiff-Appellee
v.
JAMES W. SHANKS Defendant-Appellant

Appeal from the Court of Common Pleas, Case No 12 CRI 083

For Plaintiff-Appellee PAUL T. LANGE.

For Defendant-Appellant ERIN N. POPLAR.

JUDGES: Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Farmer, J.

{¶1} On July 26, 2012, the Ashland County Grand Jury indicted appellant, James Shanks, on one count of domestic violence in violation of R.C. 2919.25, one count of intimidation of a victim in violation of R.C. 2921.04, and one count of abduction in violation of R.C. 2905.02. Said charges arose from an incident between appellant and his girlfriend, Barbara Baker.

{¶2} Pursuant to a negotiated plea agreement, appellant pled guilty to the intimidation count on August 10, 2012. The remaining two counts were dismissed. By judgment entry filed October 19, 2012, the trial court sentenced appellant to thirty-six months in prison.

{¶3} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I

{¶4} "THE TRIAL COURT ERRED WHEN IT SENTENCED APPELLANT TO THE MAXIMUM PRISON TERM."

I

{¶5} Appellant claims the trial court erred in sentencing him to the maximum prison term. We disagree.

{¶6} Appellant cites R.C. 2953(G)(2) for this court's standard of review:

(2) The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or ...

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