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State v. Gray

Court of Appeals of Ohio, First District, Hamilton County
Dec 1, 1999
Appeal No. C-980619. Trial No. B-9800448 (Ohio Ct. App. Dec. 1, 1999)

Opinion

Appeal No. C-980619. Trial No. B-9800448.

December 1, 1999.


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).

We overrule the appellant's first assignment of error, in which he challenges the trial court's imposition of the maximum statutory sentence upon his conviction of the fourth-degree felony of assault on a peace officer. The court's imposition of the maximum authorized sentence cannot be said to be either contrary to law or unsupported by the evidence, when the record of the proceedings below demonstrates the court's compliance with the controlling sentencing provisions and discloses an evidentiary fundament for each of its findings. See R.C. 2929.14(C), 2929.19(B)(2)(d) and 2953.08(G)(1)(a) and (b).

We also overrule the appellant's second assignment of error, in which he challenges the balance struck by the jury in weighing the evidence before it, because we find nothing in the record to suggest that the jury, in resolving the conflicts in the evidence, lost its way or created such a mani-fest miscarriage of justice as to warrant the reversal of the appellant's conviction. See Tibbs v. Florida (1982), 457 U.S. 31, 102 S.Ct. 2211; State v. Martin (1983), 20 Ohio App.3d 172, 485 N.E.2d 717.

We, therefore, affirm the judgment of the trial court.

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.

Gorman, P.J., Sundermann and Shannon, JJ.

Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.


Summaries of

State v. Gray

Court of Appeals of Ohio, First District, Hamilton County
Dec 1, 1999
Appeal No. C-980619. Trial No. B-9800448 (Ohio Ct. App. Dec. 1, 1999)
Case details for

State v. Gray

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, vs. DAWN L. GRAY, Defendant-Appellant

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

Date published: Dec 1, 1999

Citations

Appeal No. C-980619. Trial No. B-9800448 (Ohio Ct. App. Dec. 1, 1999)