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STATE v. HARMON

Appeal No. C-070585.

2008 Ohio 4378

State of Ohio, Plaintiff-Appellee, v. Theodore R. Harmon, Defendant-Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: August 29, 2008.

Attorney(s) appearing for the Case

Sirkin, Pinales & Schwartz, LLP, Jennifer M. Kinsley, and Scott R. Nazzarine, for Appellant,

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, for Appellee.

DECISION.

PER CURIAM.

{¶1} In his single assignment of error, defendant-appellant Theodore R. Harmon asserts that the trial court erred in imposing a three-year term of imprisonment for violating the terms of a community-control sanction imposed in May 2005. The gravamen of Harmon's argument is that the trial court failed to apply the sentencing law in effect prior to the release of the Ohio Supreme Court's decision in

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