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State v. Anthony

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 11, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
CHARLES F. ANTHONY DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-13-576392-A

          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 County Prosecutor.

          BEFORE: Kilbane, J., Keough, A.J., and Blackmon, J.

          JOURNAL ENTRY AND OPINION

          MARY EILEEN KILBANE, J.

         {¶1} This is an accelerated appeal brought pursuant to App.R. 11.1 and LocApp.R. 11.1.

         {¶2} 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.

         {¶3} 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 ...

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