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State v. Banks

Court of Appeals of Ohio, Fifth District

June 28, 2013

STATE OF OHIO Plaintiff-Appellee
v.
BRYAN K. BANKS Defendant-Appellant

Criminal appeal from the Ashland County Court of Common Pleas, Case No. 12-CRI-077

For Plaintiff-Appellee PAUL LANGE RAMONA ROGERS

For Defendant-Appellant MATTHEW MALONE

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

OPINION

HON. W. SCOTT GWIN

{¶1} On June 28, 2012, appellant Bryan K. Banks ["Banks"] was indicted on three counts. Banks was charged with one count of Gross Sexual Imposition with victim less than 13 years of age, R.C. 2907.05(A)(4), a felony of the third degree; one count of Importuning with the victim less than 13 years of age, R.C. 2907.07(A), a felony of the third degree; and one count of Disseminating Matter Harmful to Juveniles, R.C. 2907.31(A)(1), a first-degree misdemeanor.

{¶2} On September 18, 2012, Banks entered a negotiated plea to Importuning with the victim less than 13 years of age and Disseminating Matter Harmful to Juveniles. Sentencing was deferred pending the completion of a Pre-Sentence Investigation Report.

{¶3} On November 5, 2012, the trial court sentenced Banks on the charge of Importuning, in violation of R.C. 2907.07(A), a felony of the third degree, to thirty (30) months in prison, a fine of Five Hundred Dollars ($500.00), and court costs; and on the charge of Disseminating Matter Harmful to Juveniles in violation of R.C. 2907.31(A)(1) a misdemeanor of the first degree, one hundred eighty (180) days in jail to be served concurrently with the sentence imposed for Count Two, a fine of Five Hundred Dollars ($500.00), and court costs.

Assignments of Error

{¶4} Banks raises two assignments of error:

{¶5} "I. THE COURT OF COMMON PLEAS OF ASHLAND COUNTY, OHIO, IMPOSED A SENTENCE UPON DEFENDANT/APPELLANT THAT WAS CLEARLY AND CONVINCINGLY CONTRARY TO LAW AND/OR AN ABUSE OF SAID COURT'S DISCRETION.

{¶6} "II. THE SENTENCE IMPOSED BY THE COURT OF COMMON PLEAS OF ASHLAND COUNTY, OHIO, CREATED AN UNNECESSARY BURDEN ON STATE AND/OR LOCAL GOVERNMENT RESOURCES IN VIOLATION OF OHIO REVISED CODE SECTION 2929.13(A)."

I.

{¶7} In his first assignment of error, Banks challenges his sentence for ...


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