Criminal Appeal from the Court of Common Pleas, Case No. 2018
Plaintiff-Appellee JOHN D. FERRERO PROSECUTING ATTORNEY
RONALD MARK CALDWELL ASSISTANT PROSECUTOR
Defendant-Appellant RHYS B. CARTWRIGHT-JONES
JUDGES: Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon.
Patricia A. Delaney, J.
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.
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.
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.
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
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
On September 10, 2018, appellant filed a notice of appeal. He
herein raises the following sole Assignment of Error:
"I. THE TRIAL COURT ERRED IN IMPOSING A SENTENCE, BACK
OF WHICH WAS AN RVO SPECIFICATION, WITHOUT MAKING RVO
In his sole Assignment of Error, appellant contends the trial
court erred in sentencing him in this matter without making