State v. Fisher , 2012 Ohio 2394 ( 2012 )

[Cite as State v. Fisher, 2012-Ohio-2394.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97685
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
ARTURO FISHER
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-499991
BEFORE: Stewart, P.J., Boyle, J., and Rocco, J.
RELEASED AND JOURNALIZED: May 31, 2012
FOR APPELLANT
Arturo Fisher, Pro Se
Inmate No. A541-793
Mansfield Correctional Institution
P.O. Box 788
Mansfield, OH 44901
ATTORNEYS FOR APPELLEE
William D. Mason
Cuyahoga County Prosecutor
BY: James M. Price
Assistant County Prosecutor
The Justice Center
1200 Ontario Street, 8th Floor
Cleveland, OH 44113
MELODY J. STEWART, P.J.:
{¶1} This case came to be heard upon the accelerated calendar pursuant to App.R.
11.1 and Loc.R. 11.1, the record from the Cuyahoga County Court of Common Pleas, and
the briefs and oral arguments of counsel.
{¶2} Defendant-appellant Arturo Fisher filed a postsentence motion for
resentencing from his 2008 conviction for rape with a sexually violent predator
specification. The court sentenced Fisher to a prison term of ten years to life, and
Fisher’s motion argued that the sentence was void because he was found guilty of
committing rape under R.C. 2907.02(A)(2) and that a life sentence could only be imposed
for those offenders who violated R.C. 2907.02(A)(1).
{¶3} The court correctly rejected Fisher’s arguments because the sexually violent
predator specification meant that he had to be sentenced pursuant to R.C.
2971.03(A)(3)(d)(ii). That section required the court to “impose an indefinite prison
term consisting of a minimum term fixed by the court that is not less than ten years, and a
maximum term of life imprisonment.” Fisher’s sentence, ten years to life, fell within the
statutory limit and was, in fact, the minimum sentence that the court could impose.
{¶4} Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga
County Court of Common Pleas to carry this judgment into execution. The
defendant’s conviction having been affirmed, any bail pending appeal is terminated.
Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
MELODY J. STEWART, PRESIDING JUDGE
MARY J. BOYLE, J., and
KENNETH A. ROCCO, J., CONCUR