State v. Garza, Unpublished Decision (9-30-2005)
State v. Garza, Unpublished Decision (9-30-2005)
Opinion of the Court
{¶ 2} On April 17, 2004, appellant, Luis Garza, was observed traveling above the speed limit by a police officer in Pemberville who subsequently attempted to pull him over. After some pursuit, appellant lost control of the vehicle and crashed into a tree and a house. On July 8, 2004, a grand jury indicted appellant on one count of failure to comply with an order or signal of a police officer, a third degree felony, in violation of R.C.
{¶ 3} Appellant sets forth the following two assignments of error:
{¶ 4} "I. The record was insufficient to support the imposition of a term of incarceration above the minimum term for a felony of the third degree."
{¶ 5} "II. The trial court denied the appellant his state and federal constitutional right to have a jury determine beyond a reasonable doubt all facts legally essential to his sentence in sentencing appellant to a term of imprisonment in excess of the minimum term."
{¶ 6} In his first assignment of error, appellant asserts the trial court should impose the statutory minimum sentence upon appellant. Appellant contends entry of a guilty plea renders the record insufficient to show the "shortest prison term will demean the seriousness of the offender's conduct or will not adequately protect the public from future crime by the offender or others." R.C.
{¶ 7} The Supreme Court of Ohio has held "pursuant to R.C.
{¶ 8} In his second assignment of error, appellant asserts the sentence imposed by the trial court was a violation of his Sixth Amendment rights according to the United States Supreme Court's decision in Blakely v. Washington (2004),
{¶ 9} This court has consistently held that Blakely and its companion cases do not apply to Ohio's sentencing scheme. State v. Curlis,
6th Dist. No. WD-04-032,
{¶ 10} The judgment of the Wood County Court of Common Pleas is affirmed. Appellant is ordered to pay the costs of this appeal for which sum judgment is rendered against appellant on behalf of Wood County and for which execution is awarded. See App. R. 24.
JUDGMENT AFFIRMED.
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.
Handwork, J. Pietrykowski, J. Singer, P.J. Concur.
Reference
- Full Case Name
- State of Ohio v. Luis Garza
- Cited By
- 1 case
- Status
- Unpublished