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State v. Logan

Court of Appeals of Ohio, Fifth District, Richland

June 10, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DURROUND LOGAN Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 2018-CR-0302

          For Plaintiff-Appellee JOSEPH C. SNYDER.

          For Defendant-Appellant RANDALL E. FRY.

          Hon. William B. Hoffman, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Durround Logan, appeals his August 23, 2018 sentence by the Court of Common Pleas of Richland County, Ohio. Plaintiff-Appellee is state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On April 19, 2018, the Richland County Grand Jury indicted appellant on one count of possession of deadly weapon while under detention in violation of R.C. 2923.131, two counts of felonious assault, each with a repeat violent offender specification in violation of R.C. 2903.11 and 2941.149, and one count of tampering with evidence in violation of R.C. 2921.12. Said charges arose from the stabbing of a fellow inmate while appellant was in prison serving a life sentence.

         {¶ 3} On August 23, 2018, appellant pled guilty to one of the felonious assault counts with the attendant specification. The remaining counts were dismissed. By judgment entry filed same date, the trial court sentenced appellant to eight years on the felonious assault count and one year on the specification, to be served consecutively to his life sentence.

         {¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 5} "THE TRIAL COURT'S SENTENCE IN THIS CASE IS CONTRARY BY LAW."

         I

         {¶ 6} In his sole assignment of error, appellant claims his sentence ...


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