STATE v. PIERCE

No. 97728.

2012 Ohio 4716

STATE OF OHIO, PLAINTIFF-APPELLANT, v. ROSUE PIERCE, DEFENDANT-APPELLEE.

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

Released and Journalized: October 11, 2012.


Attorney(s) appearing for the Case

Timothy J. McGinty , Cuyahoga County Prosecutor, Daniel T. Van , Assistant County Prosecutor, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Timothy Young , State of Ohio Public Defender, Katherine A. Szudy , Assistant State Public Defender, 250 East Broad Street, Suite 1400, Columbus, Ohio 43215, Attorneys for Appellee.

BEFORE: Kilbane, J., Celebrezze, P.J., and S. Gallagher, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶1} In this appeal, the state of Ohio ("State") contends that the trial court erred in conducting a de novo sentencing for defendant Rosue Pierce and imposing community control sanctions. The State maintains that the defendant is bound to the sentence announced on February 11, 2009, and that he should be imprisoned for violating community control sanctions. For the reasons set forth below...

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