Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hullinger

Court of Appeals of Ohio, Fifth District, Stark

July 29, 2019

STATE OF OHIO Plaintiff-Appellee
v.
KEITH BRIAN HULLINGER Defendant-Appellant

          Criminal Appeal from the Court of Common Pleas, Case No. 2018 CR 00943

          For Plaintiff-Appellee JOHN D. FERRERO PROSECUTING ATTORNEY RONALD MARK CALDWELL ASSISTANT PROSECUTOR

          For Defendant-Appellant RHYS B. CARTWRIGHT-JONES

          JUDGES: Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

          OPINION

          WISE, J.

         {¶1} Defendant-Appellant Keith Brian Hullinger appeals from his conviction, in the Court of Common Pleas, Stark County, for aggravated burglary and felonious assault. Appellee is the State of Ohio. The relevant procedural facts leading to this appeal are as follows.

         {¶2} On June 22, 2018, the Stark County Grand Jury indicted appellant on one count of aggravated burglary (R.C. 2911.11(A)(1)) and felonious assault (R.C. 2903.11(A)(1)). Each count included an attendant repeat violent offender ("RVO") specification under R.C. 2941.149. Appellant initially pled not guilty.

         {¶3} On August 1, 2018, appellant appeared before the trial court and opted to plead guilty to the aforesaid charges and specifications. The matter proceeded to sentencing on the same day, with the benefit of a joint sentencing recommendation between the State of Ohio and appellant.

         {¶4} Via a judgment entry issued on August 17, 2018, appellant was sentenced to eight years for aggravated burglary, zero years on the attendant RVO specification for that count, eight years for felonious assault, and zero years on the attendant RVO specification for that count, all to be served concurrently.

         {¶5} Also, the aforesaid aggregate sentence of eight years was ordered to be served concurrently with appellant's sentence under Stark County Court of Common Pleas case number 2014-CR-1165(B).[1]

         {¶6} On September 10, 2018, appellant filed a notice of appeal. He herein raises the following sole Assignment of Error:

         {¶7} "I. THE TRIAL COURT ERRED IN IMPOSING A SENTENCE, BACK OF WHICH WAS AN RVO SPECIFICATION, WITHOUT MAKING RVO FINDINGS."

         I.

         {¶8} In his sole Assignment of Error, appellant contends the trial court erred in sentencing him in this matter without making statutory ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.