STATE v. HEVERLY

No. 09 CO 4.

2010 Ohio 1005

State of Ohio, Plaintiff-Appellee, v. James Heverly, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Columbiana County.

Dated: March 15, 2010.


Attorney(s) appearing for the Case

Attorney Robert Herron, Prosecuting Attorney, Attorney Timothy McNicol, Assistant Prosecuting Attorney, 105 South Market Street, Lisbon, Ohio 44432, for Plaintiff-Appellee.

Attorney Douglas King, 91 West Taggart Street, P.O. Box 85, East Palestine, Ohio 44413, for Defendant-Appellant.

Before: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Mary DeGenaro.


OPINION

VUKOVICH, P.J.

{¶1} Defendant-appellant James Heverly appeals from his conviction and sentence in the Columbiana County Common Pleas Court of rape, a violation of R.C. 2907.02(A)(1)(b), a first degree felony. Heverly raises three sentencing issues in this appeal. First, he contends that the sentence was not proportional to his conduct. Second, he contends that the sentence does not serve the overriding purposes and principles of...

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