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State v. Lumpkin

Court of Appeals of Ohio, Fifth District

July 15, 2013

STATE OF OHIO Plaintiff-Appellee
v.
TROY LUMPKIN Defendant-Appellant

Appeal from the Licking County Court of Common Pleas, Case No. 09CR143.

For Plaintiff-Appellee: KENNETH W. OSWALT, LICKING COUNTY PROSECUTOR, BY: JUSTIN T. RADIC Assistant Prosecuting Attorney

For Defendant-Appellant: WILLIAM T. CRAMER

JUDGES: Hon. William B. Hoffman, P.J., Hon. Patricia A. Delaney, J., Hon. Craig R. Baldwin, J.

OPINION

Hoffman, P.J.

{¶1} Defendant-appellant Troy Lumpkin appeals the judgment entered by the Licking County Court of Common Pleas denying his motion for an allied-offense analysis. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE CASE[1]

{¶2} Appellant was convicted of trafficking in crack cocaine in the vicinity of a juvenile, in violation of R.C. 2925.03(A)(1)(C)(4)(c); trafficking in crack cocaine, in violation of R.C. 2925.03(A)(1)(C)(4)(c); possession of crack cocaine, in violation of R.C. 2925.11(A)(C)(4)(c); possession of drug paraphernalia, in violation of R.C. 2925.14(C)(1); possession of marijuana, in violation of R.C. 2925.11(A)(C)(3)(a); having weapons under disability, in violation of R.C. 2923.13(A)(3); two firearm specifications, in violation of R.C. 2929.14(D) & R.C. 2941.141; and three forfeiture specifications, in violation of R.C. 2941.1417 & R.C. 2981.02. He was sentenced to 14 1/2 years of incarceration.

{¶3} Appellant filed a direct appeal from his conviction. On June 28, 2010, this Court affirmed Appellant's conviction in State v. Lumpkin, 5th Dist. No. 2009CA00109, 2010-Ohio-3124.

{¶4} The Ohio Supreme Court denied Appellant's motion for a delayed appeal.

{¶5} On May 18, 2012, this Court dismissed Appellant's appeal from the trial court's denial of a request for a merger hearing. State v. Lumpkin, 5th Dist. No. 12CA0013.

{¶6} On October 2, 2012, the trial court conducted a resentencing hearing limited to the proper imposition of post-release control.

{¶7} Appellant now appeals, assigning as error:

{¶8} "I. APPELLANTS STATE AND FEDERAL CONSTITUTIONAL RIGHTS TO DUE PROCESS AND PROTECTIONS FROM DOUBLE JEOPARDY WERE VIOLATED WHEN THE COURT IMPOSED MULTIPLE SENTENCES FOR ALLIED OFFENSES ...


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