WHITESIDE, P.J.
Defendant, Michael Patrick O'Shannon, appeals from a judgment of the Franklin County Court of Common Pleas and raises the following assignment of error:
"The Court erred in sentencing Appellant to a term of incarceration in a state penal institution, because the sentence constituted cruel and unusual punishment and was thus violative of the Eighth Amendment to the United States Constitution, as applied to the State of Ohio by the Fourteenth...
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