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STATE v. SIMS

No. 10CA17.

2012 Ohio 238

State of Ohio, Plaintiff-Appellee, v. Travis Wade Sims, Defendant-Appellant.

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

Filed: January 9, 2012.

Attorney(s) appearing for the Case

Timothy Young , State Public Defender, and E. Kelly Mihocik , Assistant State Public Defender, Columbus, Ohio, for Appellant.

C. Jeffrey Adkins , Gallia County Prosecutor, and Pat Story , Gallia County Assistant Prosecutor, Gallipolis, Ohio, for Appellee.

DECISION AND JUDGMENT ENTRY

KLINE, J.

{¶1} Travis Sims appeals the judgment of the Gallia County Court of Common Pleas. After a jury trial, Sims was convicted of aggravated robbery. Sims contends that, for various reasons, the trial court abused its discretion when it imposed a ten-year prison sentence on Sims. Because the trial court used an element of Sims' offense to find Sims' conduct more serious for sentencing purposes, we agree....

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