State v. Johnson, Unpublished Decision (1-18-2006)
State v. Johnson, Unpublished Decision (1-18-2006)
Opinion of the Court
{¶ 2} On November 26, 2003, Defendant was indicted on the following charges: two counts of attempted murder, in violation of R.C.
{¶ 3} Pursuant to a plea agreement, journalized on April 4, 2003, Defendant pleaded guilty to two counts of attempted murder, one count of aggravated robbery, one count of aggravated burglary, one count of complicity to commit felonious assault, one count of escape, and one count of assault. The remaining charges were dismissed. Defendant was originally sentenced on June 4, 2003. He appealed that sentence to this Court, and inState v. Johnson, 9th Dist. No. 21665,
{¶ 4} On remand, the trial court conducted a resentencing hearing and found, amongst other things, that Defendant had committed the worst form of the offenses, that he posed a great likelihood of committing future offenses, that he had a lengthy criminal record, and that he posed a danger to society. The trial court sentenced him to thirty years in prison. Defendant now appeals, asserting a sole assignment of error for our review.
{¶ 5} In his only assignment of error, Defendant maintains that the trial court violated his Sixth Amendment right to trial by jury in sentencing him to more than minimum and consecutive sentences. Defendant asserts that Blakely v. Washington (2004),
{¶ 6} In State v. Rowles, 9th Dist. No. 22007,
{¶ 7} We overrule Defendant's assignment of error and affirm his sentence as imposed by the Summit County Court of Common Pleas.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
Exceptions.
Whitmore, J., Moore, J., concur
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