STATE v. HOWARD

C.A. No. 2012-CA-10.

2012 Ohio 4747

STATE OF OHIO, Plaintiff-Appellee, v. DAVID E. HOWARD, JR., Defendant-Appellant.

Court of Appeals of Ohio, Second District, Greene County.

Rendered on October 12, 2012.


Attorney(s) appearing for the Case

Stephen K. Haller , Prosecuting Attorney, Nathaniel R. Luken , Assistant Prosecuting Attorney, Atty. Reg. No. 0087864, 61 Greene Street, Xenia, Ohio 45385, Attorney for Plaintiff-Appellee.

Ben M. Swift , Atty. Reg. No. 0065745, 333 West First Street, Suite 445, Dayton, Ohio 45402, Attorney for Defendant-Appellant.


OPINION

GRADY, P.J.

{¶ 1} Defendant David Howard, Jr. appeals from a December 15, 2011 re-sentencing order that imposed a statutorily-mandated five year term of post-release control.

{¶ 2} In 2004, Defendant pled guilty to aggravated robbery, R.C. 2911.01(A)(3), a felony of the first degree, and felonious assault, R.C. 2903.11(A), a felony of the second degree. The trial court sentenced Defendant to four years...

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