State v. White, 07ap-743 (2-21-2008)

2008 Ohio 701
CourtOhio Court of Appeals
DecidedFebruary 21, 2008
DocketNo. 07AP-743.
StatusPublished
Cited by11 cases

This text of 2008 Ohio 701 (State v. White, 07ap-743 (2-21-2008)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. White, 07ap-743 (2-21-2008), 2008 Ohio 701 (Ohio Ct. App. 2008).

Opinion

OPINION
{¶ 1} Defendant-appellant, Marcus D. White, appeals from the judgment of the Franklin County Court of Common Pleas that resentenced appellant on remand from our decision in State v. White, Franklin App. No. 05AP-1178, 2006-Ohio-4226. Appellant assigns a single assignment of error: "The trial court erred in imposing consecutive sentences." *Page 2

{¶ 2} In his single assignment of error, appellant contends that the trial court's application of State v. Foster, 109 Ohio St.3d 1,2006-Ohio-856, at the resentencing hearing violated appellant's rights as guaranteed by: (1) the Ex Post Facto Clause of the United States Constitution and a similar provision in the Ohio Constitution; and (2) the Due Process Clause of the United States Constitution. Thus, appellant argues that, in accordance with such constitutional provisions, he was entitled to concurrent prison sentences. However, we have previously rejected the precise constitutional arguments that appellant raises here. See State v. Jones, Franklin App. No. 07AP-218,2007-Ohio-4458, at ¶ 1-2; State v. Taylor, Franklin App. No. 06AP-832,2007-Ohio-2384, at ¶ 1, 7; State v. Lariva, Franklin App. No. 06AP-758,2007-Ohio-1012, at ¶ 11; State v. Satterwhite, Franklin App. No. 06AP-666, 2007-Ohio-798, at ¶ 18. Accordingly, we conclude that the trial court did not violate appellant's above-noted constitutional rights when it imposed consecutive sentences at resentencing. As such, we overrule appellant's single assignment of error, and we affirm the judgment of the Franklin County Court of Common Pleas.

Judgment affirmed.

BROWN and KLATT, JJ., concur.

*Page 1

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Related

State ex rel. White v. Aveni
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State ex rel. White v. Woods (Slip Opinion)
2019 Ohio 1893 (Ohio Supreme Court, 2019)
State ex rel. White v. Tepe (Slip Opinion)
2019 Ohio 760 (Ohio Supreme Court, 2019)
State ex rel. White v. Nusbaum (Slip Opinion)
2018 Ohio 4489 (Ohio Supreme Court, 2018)
State ex rel. White v. Woods
2018 Ohio 2954 (Ohio Court of Appeals, 2018)
State v. White
2017 Ohio 8750 (Ohio Court of Appeals, 2017)
State v. Bogovich, 07ap-774 (6-24-2008)
2008 Ohio 3100 (Ohio Court of Appeals, 2008)
State v. Drew, 07ap-467 (6-10-2008)
2008 Ohio 2797 (Ohio Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
2008 Ohio 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-07ap-743-2-21-2008-ohioctapp-2008.