State v. Barlow, Unpublished Decision (1-4-2002)
State v. Barlow, Unpublished Decision (1-4-2002)
Opinion of the Court
ASSIGNMENTS OF ERROR
ASSIGNMENT OF ERROR NO. 1
WHETHER THE TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO GRANT DEFENDANT AN ORAL HEARING ON HIS MOTION TO MODIFY SENTENCE.
ASSIGNMENT OF ERROR NO. 2
WHETHER THE *SENTENCE* IMPOSED IN THIS CASE IS CONTRARY TO LAW AND `INHERENTLY VIOLATIVE' OF THE PROVISIONS OF: APPRENDI V. NEW JERSEY, AT 120 S.CT. ___ (2000); *O.R.C. SEC.
2929.14 ; O.R.C. §2953.08 ; AM. SUB. H.B. 331; STATE V. WARD,720 N.E.2d 603 .
On January 6, 1999, appellant was indicted by the Delaware County Grand Jury with one count of disseminating matter harmful to juveniles (R.C.
On June 28, 1999, appellant and the State of Ohio entered into a negotiated plea agreement pursuant to Crim. R. 11 (F). Pursuant to the negotiated plea, appellant pled guilty to each count of the indictment, without the sexually violent predator specifications. Appellant stipulated that he would be found to be a sexual predator by the court. The matter was referred for pre-sentence investigation prior to sentencing, and the State agreed not to pursue charges related to five additional juvenile victims. Following the pre-sentence investigation, appellant was sentenced in accordance with the plea agreement. He was sentenced to sixteen months incarceration on count one, four years on count two, four years on count three, six months on count four, six months on count five, and two years on count six. The sentence imposed on count one was to be served concurrently with the sentence imposed on six, and consecutively to the sentences imposed on two and three. The sentence on count two was ordered to be served concurrently with the sentence imposed on count three, but consecutively to the sentences imposed on counts one, four, five, and six. The sentence imposed on count three was to be served concurrently with the sentence imposed on count two, but consecutively to sentences imposed on counts one, four, five, and six. The sentence imposed on count four was served concurrently with the sentence imposed on count five, and consecutively to all other sentences. The sentence imposed on count five was ordered to be served concurrently with that on count four, and consecutively to the other sentences. The sentence imposed on count six was to be served concurrently with the sentence on count one, but consecutively to the other sentences.
On May 11, 2001, appellant filed a motion for modification pursuant to RC
There is no provision within this statute for sentence modification. R.C.
The first assignment of error is overruled.
Again, appellant failed to appeal from the judgment of conviction and sentence. He therefore cannot now challenge the sentence imposed in the instant case.
The second assignment of error is overruled.
Costs to appellant.
Hon. Julie A. Edwards, P.J. Hon. W. Scott Gwin, J. Hon. William B. Hoffman, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.