STATE v. SIMMONS

Appellate No. 22378.

2008 Ohio 4747

State of Ohio, Plaintiff-Appellee, v. Matthew Simmons, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on September 19, 2008.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by Johnna M. Shia, Atty. Reg. #0067685, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Tara C. Dancing, Atty. Reg. #0077277, Tara C. Dancing, LLC, P.O. Box 323, Dayton, Ohio 45405, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Matthew Simmons appeals from his conviction and sentence following a guilty plea to one count of fourth-degree felony dog fighting in violation of R.C. §959.16(A)(3).

{¶ 2} In his sole assignment of error, Simmons contends the trial court erred in imposing a six-month prison term when community control was consistent with the purposes of sentencing. He advances three arguments in support...

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