State v. Dawson, Unpublished Decision (5-11-2005)
State v. Dawson, Unpublished Decision (5-11-2005)
Opinion of the Court
Defendant-appellant James Dawson appeals from his convictions for trafficking in cocaine and possession of cocaine. Because we conclude that his sole assignment of error is without merit, we affirm the judgment of the trial court.
On June 11, 2004, Dawson was indicted for trafficking in cocaine in violation of R.C.
In his sole assignment of error, Dawson now claims that the trial court erred in imposing a prison term contrary to Ohio's sentencing guidelines.
We first consider the sentence for the charge of trafficking in cocaine, which is a fifth-degree felony. R.C.
Dawson also argues that the trial court erred in giving him more than the minimum sentence. Because Dawson had a prior prison term, the trial court was not required to impose the minimum sentence.4 We conclude that the imposition of an eight-month sentence for trafficking in cocaine was not contrary to law.
The trial court ordered that the eight-month sentence imposed for possession be served concurrently with the sentence for trafficking. As we have concluded that the sentence for trafficking was not contrary to law, there is no relief that we could provide were we to determine that the eight-month sentence for drug possession was improper. Accordingly, our conclusion with respect to the trafficking sentence is dispositive of Dawson's assignment of error. The assignment of error is overruled, and we therefore affirm the judgment of the trial court.
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.
Doan, P.J., Sundermann and Hendon, JJ.
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