State v. Bell, Unpublished Decision (12-14-2001)
State v. Bell, Unpublished Decision (12-14-2001)
Opinion of the Court
Appellant sets forth the following assignment of error:
"The Trial Court erred as a Matter of Law and to the prejudice of Appellant when it purportedly imposed a mandatory prison term for Appellant's conviction of an Attempt to Commit Illegal Manufacture of Drugs."
The following facts are relevant to this appeal. Appellant was indicted on November 30, 2000, for possession of drugs in violation of R.C.
In his assignment of error, appellant argues that the trial court erred in imposing a mandatory sentence for appellant's conviction of attempted illegal manufacture of drugs. This court finds no merit in this assignment of error.
Although appellant argues that the trial court imposed a mandatory sentence, a careful review of the trial court's judgment entry demonstrates that the sentence imposed was not a mandatory sentence. It is well established that a court of record speaks only through its journal entries. State ex rel. Fogle v. Steiner (1995),
Upon review of the trial court's judgment entry of sentence, it is clear that the trial court never "sentenced" appellant to a mandatory sentence of four years. Thus, the trial court did not err in this case because the trial court never imposed a mandatory sentence.
Accordingly, appellant's assignment of error is found not well-taken.
On consideration whereof, the court finds that the defendant was not prejudiced or prevented from having a fair trial, and the judgment of the Sandusky County Court of Common Pleas is affirmed. It is ordered that appellant pay court costs for this appeal.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Melvin L. Resnick, J., James R. Sherck, J., Judge, CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.