STATE v. SMITH

Appellate No. 08-CA-37.

2009 Ohio 1041

State of Ohio, Plaintiff-Appellee, v. Adam R. Smith, Defendant-Appellant.

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

Rendered on March 6, 2009.


Attorney(s) appearing for the Case

Amy M. Smith, Atty. Reg. #0081712, Clark County Prosecutor's Office, 50 East Columbia Street, 4th Floor, P.O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

Robert Alan Brenner, Atty. Reg. #0067714, Robert Alan Brenner, LLC, P.O. Box 341021, Beavercreek, Ohio 45434-1021, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Adam R. Smith appeals from his conviction and sentence for Robbery, following a guilty plea, upon remand after his first sentence for that offense was reversed on a previous appeal. Smith contends that in its sentencing decision, the trial court impermissibly punished him for having exercised his right to remain silent.

{¶ 2} We are not persuaded that the trial court impermissibly...

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