STATE v. PORTERFIELD

Nos. 2004-0417 and 2004-0510.

106 Ohio St.3d 5 (2005)

2005-Ohio-3095

THE STATE OF OHIO, APPELLANT, v. PORTERFIELD, APPELLEE.

Supreme Court of Ohio.

Decided July 6, 2005.


Attorney(s) appearing for the Case

Dennis Watkins, Trumbull County Prosecuting Attorney, and LuWayne Annos, Assistant Prosecuting Attorney, for appellant.

Mentzer, Vuillemin & Mygrant, Ltd., and Erik M. Jones, for appellee.

William F. Schenck, Green County Prosecuting Attorney, Julia R. Bates, Lucas County Prosecuting Attorney, and Eric A. Baum, Assistant Lucas County Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.


O'CONNOR, J.

{¶ 1} Eric Porterfield appeals from a sentence of 53 years to life pursuant to a plea agreement in which he pleaded guilty to two counts each of aggravated murder and kidnapping and one count each of attempted aggravated murder, aggravated burglary, and aggravated robbery. All counts included a firearm specification.

{¶ 2} In his plea agreement, Porterfield stipulated that (1) he had served a prior...

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