[Cite as State v. Fisher,

.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97685

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

ARTURO FISHER DEFENDANT-APPELLANT

JUDGMENT: AFFIRMED

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-499991

BEFORE: Stewart, P.J., Boyle, J., and Rocco, J.

RELEASED AND JOURNALIZED: May 31, 2012 FOR APPELLANT

Arturo Fisher, Pro Se Inmate No. A541-793 Mansfield Correctional Institution P.O. Box 788 Mansfield, OH 44901

ATTORNEYS FOR APPELLEE

William D. Mason Cuyahoga County Prosecutor

BY: James M. Price Assistant County Prosecutor The Justice Center 1200 Ontario Street, 8th Floor Cleveland, OH 44113 MELODY J. STEWART, P.J.:

{¶1} This case came to be heard upon the accelerated calendar pursuant to App.R.

11.1 and Loc.R. 11.1, the record from the Cuyahoga County Court of Common Pleas, and

the briefs and oral arguments of counsel.

{¶2} Defendant-appellant Arturo Fisher filed a postsentence motion for

resentencing from his 2008 conviction for rape with a sexually violent predator

specification. The court sentenced Fisher to a prison term of ten years to life, and

Fisher’s motion argued that the sentence was void because he was found guilty of

committing rape under R.C. 2907.02(A)(2) and that a life sentence could only be imposed

for those offenders who violated R.C. 2907.02(A)(1).

{¶3} The court correctly rejected Fisher’s arguments because the sexually violent

predator specification meant that he had to be sentenced pursuant to R.C.

2971.03(A)(3)(d)(ii). That section required the court to “impose an indefinite prison

term consisting of a minimum term fixed by the court that is not less than ten years, and a

maximum term of life imprisonment.” Fisher’s sentence, ten years to life, fell within the

statutory limit and was, in fact, the minimum sentence that the court could impose.

{¶4} Judgment affirmed.

It is ordered that appellee recover of appellant its costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate issue out of this court directing the Cuyahoga

County Court of Common Pleas to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated.

Case remanded to the trial court for execution of sentence.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of

the Rules of Appellate Procedure.

MELODY J. STEWART, PRESIDING JUDGE

MARY J. BOYLE, J., and KENNETH A. ROCCO, J., CONCUR