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State v. Kibble

Court of Appeals of Ohio, Eighth District, Cuyahoga

December 29, 2016

STATE OF OHIO PLAINTIFF-APPELLEE
v.
RODNEY KIBBLE DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-15-594053-A

         JUDGMENT: AFFIRMED.

          ATTORNEY FOR APPELLANT Joseph V. Pagano

          ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor Ryan J. Bokoch Yasmine Hasan Assistant County Prosecutors.

          BEFORE: Kilbane, P.J., Stewart, J., Celebrezze, J.

          JOURNAL ENTRY AND OPINION

          MARY EILEEN KILBANE, P.J.

         {¶1} Defendant-appellant, Rodney Kibble ("Kibble"), appeals from his sentence for burglary and theft in Cuyahoga C.P. CR-15-594053-A. For the reasons set forth below, we affirm the convictions and sentence.

         {¶2} On March 24, 2015, Kibble was indicted in the instant case, following a break-in. He was charged with burglary, with a repeat violent offender specification, theft, and criminal damaging. On June 10, 2015, Kibble and six other individuals were indicted in Cuyahoga C.P. No. CR-15-595318-D, for a total of 105 charges in connection with a string of armed robberies and kidnappings.

         {¶3} On September 16, 2015, Kibble reached a plea agreement with the state on all of the pending charges. In the instant matter, he pled guilty to burglary, without the repeat violent offender specification, and pled guilty to theft. The criminal damaging charge was dismissed. The trial court sentenced Kibble to seven years for burglary, to be served concurrently with a one-year term for theft, "for a total of seven years, " imposed a three-year term of postrelease control, and ordered Kibble to pay $1, 800 in restitution to the victim. In CR-15-595318-D, Kibble pled guilty to a total of 50 charges, and the trial court sentenced him to a total of 30 years of imprisonment. The trial court stated that the sentence in this matter is to be served concurrently to the term imposed in CR-15-595318-D, but the three-year firearm specifications imposed in CR-15-595318-D would have to be served consecutively to the seven-year term imposed in the instant case. Kibble now appeals from the sentence imposed for burglary and theft, assigning the following three errors for our review:[1]

Assignment of Error One
The trial court erred by imposing the concurrent sentence in this case consecutive to the time imposed on a firearm specification in another case and the sentence is contrary to law and not supported by the record.
Assignment of Error Two
The trial court erred by failing to merge all allied offenses of ...

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