STATE v. WITHERS

No. 95437.

2011 Ohio 3054

State of Ohio, Plaintiff-Appellee, v. Andre T. Withers, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: June 23, 2011.


Attorney(s) appearing for the Case

Matthew M. Nee , The Law Office of Matthew M. Nee, 14701 Detroit Avenue, Suite 700, Lakewood, Ohio 44107, Nicholas A. Panagopoulos II , Nicholas A. Panagopoulos II, L.L.C., The Gehring Building, 1956 W. 25th St., Suite 302, Cleveland, Ohio 44113, Attorneys for Appellant.

William D. Mason , Cuyahoga County Prosecutor, Denise J. Salerno , Assistant County Prosecutor, The Justice Center, 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: E. Gallagher, J., Sweeney, P.J., and Rocco, J.


JOURNAL ENTRY AND OPINION

EILEEN A. GALLAGHER, J.

{¶ 1} Andre T. Withers ("appellant"), appeals the sentence from the Cuyahoga County Court of Common Pleas pursuant to a guilty plea that he entered for attempted intimidation and aggravated menacing. Appellant argues that the trial court erred by not imposing a community control sanction in lieu of a prison sentence, that the trial court erred by imposing the longest prison term permitted...

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