State v. Kelley, Unpublished Decision (9-30-1999)
State v. Kelley, Unpublished Decision (9-30-1999)
Opinion of the Court
OPINION
Defendant Randall Kelley appeals a judgment of the Court of Common Pleas of Holmes County, Ohio, which convicted and sentenced him for one count of robbery in violation of R.C.At the hearing on the change of plea held August 18, 1998, the State and appellant informed the court the parties had agreed the indictment would be amended to a reduced charge and the appellant would change his plea from not guilty to guilty. The State recommended a three-year sentence. The trial court then engaged in a discussion with appellant, advising the appellant this agreement was between the appellant and the prosecutor, but not the judge. The court informed appellant he must be aware the court could sentence him to one, two, three, four, or five years in prison, and the court also informed the appellant it was "leaning toward" about a four year sentence. The court added it could change its decision depending upon the pre-sentence investigation report. The court also advised appellant he would also help himself if he returned the money, which appellant alleged was approximately $9,000.00. At the hearing on the sentencing held September 22, 1998, the trial court first inquired of appellant if he stood on his plea of guilty. Appellant answered in the affirmative, whereupon the court reviewed the information before it, and sentenced appellant to the maximum term under the statute. The court noted the appellant had been cooperative up to a point, although only $1600 to $1700 of the stolen money was recovered, including appellant's bond money. The trial court analyzed its sentencing decision pursuant to R.C.
For the foregoing reasons, the judgment of the Court of Common Pleas of Holmes County, Ohio, is affirmed, and the cause is remanded to that court for execution of sentence.
By Gwin, P.J., Farmer, J., and Edwards, J., concur
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