STATE v. TONEY

Dated: No. 10 MA 20.

2011 Ohio 2464

State of Ohio, Plaintiff-Appellee, v. Herman Toney aka Rocky Collins, Defendant-Appellant.

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

May 18, 2011.


Attorney(s) appearing for the Case

Attorney Paul J. Gains , Mahoning County Prosecutor, Ralph M. Rivera , Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.

Attorney Stephen M. Maszczak , 3722 Starrs Centre Drive, Suite B, Canfield, Ohio 44406, for Defendant-Appellant.

Before: Cheryl L. Waite, Joseph J. Vukovich, Mary DeGenaro.


OPINION

WAITE, P.J.

{¶1} Appellant Herman A. Toney, aka Herman A. Tony, aka Rocky Collins, is appealing his 14-month prison sentence following his guilty plea for felony theft and felony obstruction of justice. The maximum possible prison term for the two crimes was thirty months. The prosecutor recommended a 12-month prison term, and Appellant believes the trial court committed reversible error when it did not accept the prosecutor's recommendation...

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