State v. Davenport, Unpublished Decision (7-14-1997)
State v. Davenport, Unpublished Decision (7-14-1997)
Opinion of the Court
OPINION
Defendant-appellant, Orlando Davenport, appeals the denial of his petition for postconviction relief. For the reasons that follow, we affirm.In 1995, appellant was convicted of aggravated drug trafficking in violation of R.C.
On appeal, appellant claims the trial court erred in failing to retroactively apply Senate Bill 2. Appellant's primary argument is that he has a right under Senate Bill 2 to be resentenced to a definite term of imprisonment. This legislation, effective July 1, 1996, does not apply to terms of imprisonment imposed for offenses committed prior to the bill's effective date. State v. Carlton (May 28, 1996), Warren App. No. CA96-01-007, unreported. Since appellant was sentenced in July 1995 for a crime committed before that date, Senate Bill 2 clearly does not apply.
Appellant's assignment of error is without merit and is hereby overruled.
Judgment affirmed.
YOUNG, P.J., and WALSH, J., concur.
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