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STATE v. BLACKBURN

Nos. 97811 and 97812.

2012 Ohio 4590

STATE OF OHIO, PLAINTIFF-APPELLEE, v. GARY BLACKBURN, DEFENDANT-APPELLANT.

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

Released and Journalized: October 4, 2012.

Attorney(s) appearing for the Case

Timothy F. Sweeney , Law Office — Timothy Farrell Sweeney, The 820 Building, Suite 430, 820 West Superior Avenue, Cleveland, Ohio 44113, Attorney for Appellant.

Timothy J. McGinty , Cuyahoga County Prosecutor, BY: Mark J. Mahoney , Assistant County Prosecutor, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Boyle, J., Blackmon, A.J., and Stewart, J.

JOURNAL ENTRY AND OPINION

MARY J. BOYLE, J.

{¶1} Defendant-appellant, Gary Blackburn, appeals his conviction and sentence. He raises three assignments of error for our review:

[1.] The trial court erred in failing to either: (A) impose a sentence within the stated range of 2-4 years on which Blackburn's guilty plea had been based, or (B) allow Blackburn to withdraw his guilty plea prior to sentencing. [2.] The trial court...

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