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State v. Price

Court of Appeals of Ohio, Tenth District

September 7, 2017

State of Ohio, Plaintiff-Appellee,
v.
Joshua L. Price, Defendant-Appellant.

         APPEALS from the Franklin County Court of Common Pleas Nos. 12CR-4513, 13CR-3719)

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Michael P. Walton, for appellee.

          Joshua L. Price, pro se.

          DECISION

          KLATT, J.

         {¶ 1} Defendant-appellant, Joshua L. Price, appeals from judgments of the Franklin County Court of Common Pleas denying his motion to vacate sentences in these two cases. For the following reasons, we affirm those judgments.

         I. Factual and Procedural Background

         {¶ 2} In 2012, appellant and his two brothers were indicted for multiple counts arising from numerous armed robberies, including many counts of robbery, aggravated robbery, and kidnapping. The indictments also charged him with firearm specifications pursuant to R.C. 2941.145 for most of those counts. After initially entering a not guilty plea, appellant entered a guilty plea in both of these cases to one count of attempted aggravated burglary and eight counts of aggravated robbery. He also pled guilty to the attendant firearm specifications for all but one of those offenses. The remaining counts were dismissed. As a result, the trial court sentenced appellant to a total prison term of 22 years, a total that included 12 years of prison for the firearm specifications. This court affirmed appellant's sentence, rejecting his argument that the trial court improperly imposed multiple sentences for his firearm specifications. State v. Price, 10th Dist. No. 13AP-1085, 2014-Ohio-4065 ("Price 1").

         {¶ 3} On March 9, 2017, appellant filed his motion to vacate sentence. Appellant asked the court to vacate his sentence because the trial court did not make the statutorily required findings in R.C. 2929.14(C) before it imposed consecutive sentences and also failed to properly impose mandatory prison terms for his firearm specifications. The trial court summarily denied the motion.

         II. Appellant's Appeal

         {¶ 4} Appellant appeals and assigns the following errors:

[1.] The trial court failed to make the consecutive-sentence findings under R.C. 2929.14 and failed to impose the required mandatory sentencing provisions under R.C. 2929.14(B)(1), pursuant to R.C. 2941.145 rendering the sentence unauthorized and contrary to law under statutory law, and the United States and Ohio Constitutions under the 6th and 14th amendments.
[2.] The trial court failed to impose the required mandatory provisions at sentencing pursuant to R.C. 2929.14(B)(1)(a), rendering the sentence unauthorized by law and void.

         A. Findings for ...


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