DocketNumber: No. 87341.
Judges: MICHAEL J. CORRIGAN, J.:
Filed Date: 8/24/2006
Status: Non-Precedential
Modified Date: 4/17/2021
{¶ 2} Murphy appears benightedly unaware that she is asking this court to enforce a sentencing scheme that has been declared unconstitutional. In State v. Foster,
{¶ 3} Murphy's argument in essence asks us to order the court to do that which is now unconstitutional — remand for sentencing and additional fact finding. This we cannot do. The sentencing transcript shows that the court made no factual findings of any kind during sentencing. A remand for resentencing would be pointless, then, as no error occurred below. If the court did not make the required findings under the old sentencing regime, it would serve no purpose whatsoever to remand the case back to the court so that it could once again not make the findings. SeeState v. Draughon, Franklin App. No. 05AP-860, 2006-Ohio-2445, at ¶ 9; State v. Windham, Wayne App. No. 05CA0033,
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 Common Pleas Court 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.
Gallagher, P.J., and Calabrese, Jr., J., concur.