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STATE v. ABERNATHY

No. 10CA3341.

2011 Ohio 1056

State of Ohio, Plaintiff-Appellee, v. Percy J. Abernathy, III, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Scioto County.

DATE JOURNALIZED: February 28, 2011.

Attorney(s) appearing for the Case

Percy J. Abernathy, III , #549-410, P.O. Box 69, London, Ohio, 43140, Pro Se, Appellant Pro Se.

Mark E. Kuhn , Scioto County Prosecuting Attorney, and Pat Apel , Scioto County Assistant Prosecuting Attorney, 602 Seventh Street, Room 310, Portsmouth, Ohio 45662, Counsel for Appellee.

DECISION AND JUDGMENT ENTRY

ABELE, J.

{¶ 1} This is an appeal from a Scioto County Common Pleas Court re-sentencing judgment. Percy J. Abernathy, III, defendant below and appellant herein, assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR: "THE TRIAL COURT ERRED DURING SENTENCING, WHEN IT FORCED DEFENDANT TO STICK TO A 9 YEAR SENTENCING AGREEMENT, AFTER JURY TRIAL, WHEN IT WAS OBVIOUS FROM THE RECORD...

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