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State v. Rivard

Court of Appeals of Ohio, Fifth District

September 23, 2013

STATE OF OHIO Plaintiff - Appellee
v.
KASSIDY M. RIVARD Defendant-Appellant

Appeal from the Ashland County Court of Common Pleas, Case No. 12-CRI-061

For Plaintiff-Appellee RAMONA FRANCESCONI ROGERS, Ashland County Prosecutor, PAUL T. LANGE, Assistant Prosecuting Attorney.

For Defendant-Appellant MATTHEW MALONE.

JUDGES: Hon. William B. Hoffman, P.J., Hon. Sheila G. Farmer, J., Hon. Craig R. Baldwin, J.

OPINION

Baldwin, J.

(¶1} Defendant-appellant Kassidy M. Rivard appeals her sentence from the Ashland County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

(¶2} On May 24, 2012, the Ashland County Grand Jury indicted appellant on one count of illegal processing of drug documents in violation of R.C. 2925.23(B)(1), a felony of the fifth degree, and one count of illegal processing of drug documents in violation of R.C. 2925.23(A), also a felony of the fifth degree. At her arraignment on May 31, 2012, appellant entered a plea of not guilty to the charges.

(¶3} Thereafter, on November 19, 2012, appellant withdrew her former not guilty plea and entered a plea of guilty to the charge of illegal processing of drug documents in violation of R.C. 2925.23(A). The remaining charge was dismissed. As memorialized in a Judgment Entry filed on January 23, 2013, appellant was sentenced to six (6) months in prison and fined $500.00. In addition, appellant's operator's license was suspended for a period of five (5) years. The trial court denied appellant's motion for a stay of execution. A Nunc Pro Tunc Judgment Entry was filed on February 5, 2013.

(¶4} Appellant now raises the following assignment of error on appeal:

(¶5} 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.

I

(¶6} Appellant, in her sole assignment of error, challenges the length of her sentence.

(ΒΆ7} Because appellant has completed the sentence imposed by the Ashland County Common Pleas Court, the issue for determination is whether ...


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