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State v. Rollison

Court of Appeals of Ohio, Fifth District, Licking County
Apr 19, 1999
Case Nos. 97CA0048, 97CA0056 (Ohio Ct. App. Apr. 19, 1999)

Opinion

Case Nos. 97CA0048, 97CA0056

April 19, 1999

Hon. John W. Wise, P.J., Hon. William B. Hoffman, J., Hon. Sheila G. Farmer, J., JUDGES.

CHARACTER OF PROCEEDING:

Appeal from the Licking County Court of Common Pleas, Case No. 96CR388, 96CR435.

JUDGMENT:

Affirmed.

APPEARANCES:

For Plaintiff-Appellee

KENNETH W. OSWALT, ASSISTANT PROSECUTOR.

For Defendant-Appellant

ANDREW SANDERSON.


Defendant-appellant Christopher Rollison appeals the April 24, 1997 Amended Judgment Entry of the Licking County Court of Common Pleas which convicted and sentenced him on one count of complicity to aggravated burglary and one count of aggravated burglary. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE CASE

On April 23, 1997, appellant entered no contest pleas to one count of complicity to aggravated burglary, committed on May 18, 1996, and one count of aggravated burglary, committed on May 19, 1996. The trial court found appellant guilty on both counts. Appellant was sentenced pursuant to the sentencing guidelines in existence prior to the enactment of Senate Bill 2. It is from the Amended Judgment Entry filed April 24, 1997, appellant prosecutes this appeal assigning as error:

I. THE TRIAL COURT COMMITTED HARMFUL ERROR IN SENTENCING THE DEFENDANT-APPELLANT PURSUANT TO PRE-SENATE BILL 2 GUIDELINES, RATHER THAN PURSUANT TO SENATE BILL 2.

II. THE FAILURE OF TRIAL COUNSEL TO OBJECT TO THE SENTENCING OF THE DEFENDANT-APPELLANT UNDER PRE-SENATE BILL 2 GUIDELINES, RATHER THAN PURSUANT TO SENATE BILL 2, DENIED THE DEFENDANT-APPELLANT HIS CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

I II

As both of appellant's assignments of error depend upon this Court's Opinion in State v. Rush (July 7, 1997), Stark App. No. 96CA149, unreported, for their success, we shall address them together.

In State v. Rush (1998), 83 Ohio St.3d 53, the Ohio Supreme Court reversed this Court's decision and held, "The amended sentencing provisions of Amended S.B. No. 2 apply only to those crimes committed on or after July 1, 1996." Id. at syllabus 2. Pursuant to the Ohio Supreme Court's decision in Rush, both of appellant's assignments of error are overruled.

The April 24, 1997 Amended Judgment Entry of Licking County Court of Common

Pleas is affirmed.

By: Hoffman, J., Wise, P.J. and Farmer, J. concur.

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For the reason stated in our accompanying Memorandum-Opinion, the April 24, 1997 Amended Judgment Entry of the Licking County Court of Common Pleas is affirmed.

Costs assessed to appellant.

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Summaries of

State v. Rollison

Court of Appeals of Ohio, Fifth District, Licking County
Apr 19, 1999
Case Nos. 97CA0048, 97CA0056 (Ohio Ct. App. Apr. 19, 1999)
Case details for

State v. Rollison

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee v. CHRISTOPHER ROLLISON…

Court:Court of Appeals of Ohio, Fifth District, Licking County

Date published: Apr 19, 1999

Citations

Case Nos. 97CA0048, 97CA0056 (Ohio Ct. App. Apr. 19, 1999)