State v. Bell, Unpublished Decision (3-23-2005)
State v. Bell, Unpublished Decision (3-23-2005)
Opinion of the Court
The defendant-appellant, Reamer C. Bell, appeals from the judgment of conviction resentencing him to the same seven-year prison term that the trial court had originally imposed before his successful appeal to this court in State v. Bell (July 9, 2004), 1st Dist. No. C-030726. In his two assignments of error, Bell challenges his newly imposed sentence as (1) contrary to law, and (2) based upon sentencing factors which, as determined by the trial court, violated the
In his first assignment of error, Bell argues that the trial court's findings regarding his criminal record, unsuccessful prior probations, lack of genuine remorse, and whether his crime was among the "worst forms" of the offense, are not supported by the record. Because we previously reversed and vacated Bell's original sentence for the sole reason that the trial court failed to inform him of his post-release-control rights, as required by R.C.
A jury found Bell guilty of burglary, a second-degree felony, in violation of R.C.
The trial court's findings are supported by the record and were all that was necessary for it to impose a seven-year prison term. At Bell's original sentencing hearing on September 23, 2003, the prosecutor informed the trial court of Bell's 1997 imprisonment for burglary, a 1992 prison term in which he violated his parole, and other convictions. Bell did not dispute his history of criminal convictions at either the original sentencing hearing or the resentencing hearing. The trial court, assessing Bell's criminal past, described him as a "career criminal."
Bell also argues that during resentencing the trial court neglected to inform him of the specific prison term that could be imposed if he violated post-release control. We disagree. The transcript shows that the trial court advised Bell that his sentence could be extended for a length of up to one-half of his original prison term for violations of prison rules while incarcerated or for a violation after leaving prison. The court further advised him that he would be supervised after leaving prison, pursuant to R.C.
Finally, relying on Blakely v. Washington (2004), 542 U.S. ___,
Therefore, the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Gorman, P.J., Painter and Sundermann, JJ.
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