State v. Bradford

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[Cite as State v. Bradford, 2008-Ohio-2280.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State of Ohio, : Plaintiff-Appellee, : v. : No. 07AP-976 (C.P.C. No. 02CR-03-1696) Roosevelt J. Bradford, : (REGULAR CALENDAR) Defendant-Appellant. : O P I N I O N Rendered on May 1, 2008 Ron O'Brien, Prosecuting Attorney, and Kimberly M. Bond, for appellee. Roosevelt J. Bradford, pro se. APPEAL from the Franklin County Court of Common Pleas. TYACK, J. {¶1} Appellant, Roosevelt J. Bradford, is appealing from the denial of his petition for post-conviction relief. He assigns a single error for our consideration: The trial court was without authority to impose consecutive terms of incarceration, as the sentence violated the Sixth Amendment to the United States Constitution. {¶2} On June 8, 2004, Bradford entered a guilty plea to a charge of aggravated robbery with a three year gun specification and to a charge of felonious assault. A charge of attempted murder and two charges of robbery were dismissed. Bradford, his counsel, No. 07AP-976 2 and the State of Ohio agreed that he would be sentenced to a total of 16 years of incarceration. The trial judge gave the agreed sentence. {¶3} On September 14, 2007, Bradford filed his petition for post-conviction relief, alleging that the Supreme Court of Ohio's ruling in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, mandated that he receive concurrent sentences. {¶4} Bradford does not understand the Foster case. Foster grants trial court judges additional leeway in granting consecutive sentences. Foster has no impact whatsoever on sentences of the parties in which a specific term of incarceration is stipulated. {¶5} The assignment of error is overruled. The judgment of the Franklin County Court of Common Pleas is affirmed. Judgment affirmed. PETREE and SADLER, JJ., concur. __________

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