STATE v. BECKER

No. 95901.

2011 Ohio 4100

State of Ohio, Plaintiff-Appellant, v. Zachary Becker, Defendant-Appellee.

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

RELEASED AND JOURNALIZED: August 18, 2011.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, By: Stephanie Heibertshausen , Assistant Prosecuting Attorney, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Robert L. Tobik , Cuyahoga County Public Defender, By: John Martin , Assistant Public Defender, 310 Lakeside Avenue, Suite 400, Cleveland, Ohio 44113, Angelo F. Lonardo , Yelsky & Lonardo, 75 Public Square, Suite 800, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Jones, J., Sweeney, P.J., and S. Gallagher, J.


JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals the trial court's sentence imposed on defendant-appellee, Zachary Becker. We reverse and remand.

I

{¶ 2} Becker pleaded guilty to aggravated assault, a felony of the fourth degree in violation of R.C. 2903.12(A)(1). The trial court sentenced Becker to 25 days in jail with credit for 25 days of time served...

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