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STATE v. ELDER

No. 2011-CA-00058.

2011 Ohio 4438

State of Ohio, Plaintiff-Appellee, v. Traevon B. Elder, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: September 1, 2011.

Attorney(s) appearing for the Case

JAMES J. MAYER, JR. , Richland County Prosecutor, By: DANIEL J. BENOIT , 30 South Park, 2nd Floor, Mansfield, OH 44902, for Plaintiff-Appellee.

TRAEVON B. ELDER PRO SE, #580-693, Richland Correctional Institute, Box 8107, Mansfield, OH 44901-8107, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., Sheila G. Farmer, J.

OPINION

GWIN, P.J.

{¶1} Defendant-appellant Traevon B. Elder appeals a judgment of the Court of Common Pleas of Richland County, Ohio, which overruled his motion for re-sentencing. Appellant assigns a single error to the trial court:

{¶2} "I. TRIAL COURT (sic) ABUSED ITS DISCRETION IN ADOPTING A CONCLUSION WHICH AFFRONTS STATE V. JOHNSON (2010), 128 OHIO ST. 3d 153'S PROPHYLACTIC PURPOSE."

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