State v. White

[Cite as State v. White, 2016-Ohio-2941.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 103351
STATE OF OHIO
PLAINTIFF-APPELLANT
vs.
STEVE WHITE
DEFENDANT-APPELLEE
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-14-588304-A
BEFORE: Stewart, J., E.T. Gallagher, P.J., and Boyle, J.
RELEASED AND JOURNALIZED: May 12, 2016
ATTORNEYS FOR APPELLANT
Timothy J. McGinty
Cuyahoga County Prosecutor
Daniel T. Van
Assistant County Prosecutor
Justice Center, 8th Floor
1200 Ontario Street
Cleveland, OH 44113
ATTORNEYS FOR APPELLEE
Robert L. Tobik
Cuyahoga County Public Defender
John T. Martin
Assistant Public Defender
310 West Lakeside Avenue, Suite 200
Cleveland, OH 44113
MELODY J. STEWART, J.:
{¶1} On August 14, 2014, defendant-appellee Steve White was indicted on
charges of rape and kidnapping stemming from conduct that occurred 20 years earlier in
August 1994. White pleaded guilty to one count of rape in exchange for the dismissal of
the remaining charges and the trial court sentenced him to a six-year prison term and
postrelease control in accordance with the sentencing provisions of 2011 Am.Sub.H.B.
No. 86 (H.B. 86).
{¶2} The state argues on appeal that the trial court erred when it sentenced White
under the current sentencing law, H.B. 86, rather than the sentencing laws in effect at the
time of the offense. We have previously reviewed this assigned error and have
consistently held that a defendant in White’s position is to be sentenced under the
sentencing provisions of H.B. 86. State v. Brown, 8th Dist. Cuyahoga No. 102377,
2015-Ohio-4372; State v. Bell, 8th Dist. Cuyahoga No. 102141, 2015-Ohio-4178; State v.
Owens, 8th Dist. Cuyahoga No. 102276, 2015-Ohio-3881; State v. Girts, 8th Dist.
Cuyahoga No. 101075, 2014-Ohio-5545; State v. Jackson, 8th Dist. Cuyahoga No.
100877, 2014-Ohio-5137. The state acknowledges this court’s settled position and
concedes that it appeals only to preserve the assigned error pending the resolution of State
v. Thomas, 143 Ohio St.3d 1463, 2015-Ohio-3733, 37 N.E.3d 1249. Accordingly, the
assignment of error is overruled.
{¶3} Judgment affirmed.
It is ordered that appellee recover of said appellant 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.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
______________________________________________
MELODY J. STEWART, JUDGE
EILEEN T. GALLAGHER, P.J., and
MARY J. BOYLE, J., CONCUR