Ohio Court of Appeals, 1987

State v. Darmour

Ohio Court of Appeals · Decided October 26, 1987 · Pryatel, McManamon, Patton

529 N.E.2d 208; 38 Ohio App. 3d 160; 1987 Ohio App. LEXIS 10652 (North Eastern Reporter, Second Series)

Cases that cite this one

51 later published cases cite this decision. The 25 that cite it most often are listed here.

State v. Neighbors (Ohio Ct. App. 2013)
State v. Asberry (Ohio Ct. App. 2007)
City of Warren v. Cromley, Unpublished Decision (1-29-1999) (Ohio Ct. App. 1999)
State v. Smith (Ohio Ct. App. 2024)
State v. Alvarado (Ohio Ct. App. 2024)
State v. Link (Ohio Ct. App. 2022)
State v. Dennis (Ohio Ct. App. 2022)
State v. Swortchek (Ohio Ct. App. 2020)
State v. Gray-Cole (Ohio Ct. App. 2018)
State v. Walton (Ohio Ct. App. 2018)
State v. McGowan (Ohio Ct. App. 2018)
State v. Stevens (Ohio Ct. App. 2017)
State v. Grove (Ohio Ct. App. 2016)
State v. Powell (Ohio Ct. App. 2014)
State v. Lumbus (Ohio Ct. App. 2013)
State v. Orlando (Ohio Ct. App. 2013)
State v. Hough (Ohio Ct. App. 2011)
State v. Little (Ohio Ct. App. 2011)
State v. Toney (Ohio Ct. App. 2011)
State Ex Rel. Sakalosh v. Durkin, 09-Ma-22 (3-27-2009) (Ohio Ct. App. 2009)
State v. Whitted, 08 Ma 162 (3-24-2009) (Ohio Ct. App. 2009)
State v. Talbott, 07 Ma 225 (11-26-2008) (Ohio Ct. App. 2008)
State v. Dunbar, 87317 (4-12-2007) (Ohio Ct. App. 2007)
State v. Barker, 14-06-46 (4-23-2007) (Ohio Ct. App. 2007)
State v. Dunbar, 87317 (6-28-2007) (Ohio Ct. App. 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

This cause came on to be heard upon the accelerated calendar pursuant to App. R. 11.1 and Loc. App. R. 25, the record from the Cuyahoga County Court of Common Pleas, the briefs and the oral arguments of counsel. Appellant Harry Darmour contends the trial judge abused his discretion in imposing a sentence greater than that forming the inducement for appellant to plead guilty. Appellant was sentenced to three and one-half years while the state had agreed with appellant to ask the court to impose a two-year sentence.

Appellant’s assignment of error is overruled for the reason that the trial court has sound discretion to implement a plea bargain agreement. See Akron v. Ragsdale (1978), 61 Ohio App. 2d 107, 15 O.O. 3d 107, 399 N.E. 2d 119, paragraph one of the syllabus. No abuse of discretion is present when the trial court forewarns a defendant that it will not consider itself bound by any sentencing agreement and defendant fails to change his plea. See March 26, 1987 record, at 12-13.

The judgment of the court of common pleas is affirmed.

Judgment affirmed.

Pryatel, P.J., Ann McManamon and Patton, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.