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State v. Fears

Court of Appeals of Ohio, First District, Hamilton County
Jun 12, 2002
Appeal No. C-010549, Trial No. B-003718 A (Ohio Ct. App. Jun. 12, 2002)

Opinion

Appeal No. C-010549, Trial No. B-003718 A.

June 12, 2002.


JUDGMENT ENTRY.

This appeal, considered on the accelerated calendar under App.R. 11.1(E) and Loc.R. 12, is not controlling authority except as provided in S.Ct.R.Rep.Op. 2(G)(1).

Defendant-appellant, Johnny Fears, appeals the judgment of the Hamilton County Court of Common Pleas convicting him of one count of aggravated robbery with gun specifications, two counts of robbery, and one count of receiving stolen property. For the following reasons, we affirm the trial court's judgment.

Fears entered guilty pleas to each of the offenses and specifications. After the merger of the specifications, Fears was sentenced to nine years' incarceration. In a single assignment of error, he now argues that the trial court erred in imposing the nine-year term, because his co-defendants had received lesser sentences.

The assignment of error is not well taken. The record fails to reflect the sentences that Fears's co-defendants received. Although the statements of counsel at Fears's sentencing hearing indicated that the co-defendants had received lesser sentences, those statements were not entitled to evidentiary weight. Fears did not place into the record the judgment entries reflecting the co-defendants' sentences and has not provided this court with any other material that reliably demonstrates those sentences. The record simply does not reflect the error that Fears has assigned.

See App.R. 9(A).

Therefore, the assignment of error is overruled, and the judgment of the trial court is affirmed. Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.

Hildebrandt, P.J., Gorman and Winkler, JJ.


Summaries of

State v. Fears

Court of Appeals of Ohio, First District, Hamilton County
Jun 12, 2002
Appeal No. C-010549, Trial No. B-003718 A (Ohio Ct. App. Jun. 12, 2002)
Case details for

State v. Fears

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, v. JOHNNY FEARS, Defendant-Appellant

Court:Court of Appeals of Ohio, First District, Hamilton County

Date published: Jun 12, 2002

Citations

Appeal No. C-010549, Trial No. B-003718 A (Ohio Ct. App. Jun. 12, 2002)