Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
APPELLANT Charles F. Anthony, pro se Inmate No. #A651-164
Lake Erie Correctional Institution.
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor Andrew J. Santoli Amy Venesile Assistant
BEFORE: Kilbane, J., Keough, A.J., and Blackmon, J.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, J.
This is an accelerated appeal brought pursuant to App.R. 11.1
and LocApp.R. 11.1.
Defendant-appellant, Charles Anthony ("Anthony"),
pro se, appeals from his April 25, 2016 resentencing pursuant
to our mandate in State v. Anthony, 2015-Ohio-2267,
37 N.E.3d 751 (8th Dist), discretionary appeal not
allowed, 143 Ohio St.3d 1500, 2015-Ohio-4468, 39 N.E.3d
1271. For the reasons set forth below, we vacate his sentence
and remand for another resentencing hearing where the state
shall elect which allied offense it chooses to proceed with
for purposes of sentencing.
The procedural history and facts of this case were previously
set forth by this court in Anthony as follows:
[In July 2013, ] Anthony and the victim [were hanging out in
Anthony's apartment]. [The two friends] had been drinking
and doing drugs on the night of the incident. At some point,
they started arguing. And then Anthony stabbed the victim
four times "on the victim's backside"
[resulting in the victim's death].
* * *
In August 2013, Anthony was indicted on four counts: one
count of aggravated murder and murder and two counts of
felonious assault. All counts carried notice of prior
conviction and repeat violent offender specifications.
Anthony pleaded not guilty to all charges at his arraignment.
In November 2013, Anthony withdrew his former plea of not
guilty and entered a plea of guilty to an amended indictment
of involuntary manslaughter with both specifications and one
count of felonious assault with the specifications. The
remaining counts were nolled.
The trial court sentenced Anthony to a total of 13 years in
prison, 11 years for involuntary manslaughter and two years
for felonious assault, to be served consecutive to one
another. The trial court further notified Anthony that he
would be subject to five years ...