State v. Viera, Unpublished Decision (4-5-2000)
State v. Viera, Unpublished Decision (4-5-2000)
Opinion of the Court
OPINION
Appellant Christopher Viera appeals the imposition of consecutive sentences by the Delaware County Court of Common Pleas. The following facts give rise to this appeal. The Delaware County Court of Common Pleas indicted appellant, on May 21, 1999, for two counts burglary, four counts theft and two counts receiving stolen property. The events resulting in these charges occurred on March 19, 1999, and involved multiple victims. At a pretrial conducted on June 10, 1999, the trial court set this matter for trial on July 19, 1999. On June 18, 1999, the state sought a continuance of the trial date. The trial court granted the state's request and rescheduled the trial for August 2, 1999. On July 19, 1999, appellant appeared before the trial court and changed his not guilty pleas to guilty as to one count burglary, one count theft, and two counts receiving stolen property. The trial court accepted appellant's guilty pleas as to these charges and referred this matter to the Ohio Adult Parole Authority for the purpose of preparing a pre-sentence investigation report. On September 8, 1999, appellant appeared, before the trial court, for sentencing. The trial court sentenced appellant to six years for the burglary count, twelve months for the theft count, and a total of eighteen months for the two counts of receiving stolen property. The trial court ordered that the sentences be served consecutively. Appellant timely filed a notice of appeal and sets forth the following assignment of error for our consideration.I. THE TRIAL COURT ERRED BY IMPOSING UPON THE APPELLANT CONSECUTIVE SENTENCES WHICH ARE CONTRARY TO LAW.
In addition to the above cited language, App.R. 5(C) also addresses the appeal of consecutive sentences and provides: (C)(1) Motion by defendant for leave to appeal consecutive sentences pursuant to R.C.
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A review of the record in this matter indicates appellant did not file a motion for leave to appeal as required by R.C.
For the foregoing reasons, the judgment of the Delaware County Court of Common Pleas is affirmed and the appeal is dismissed for lack of jurisdiction.
_________________________ By: Wise, J.
Hoffman, P.J., and Reader, V. J., concur.
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