State v. James

Annotate this Case

Download PDF

[Cite as State v. James, 2006-Ohio-6385.] COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsLARRY L. JAMES, JR. Defendant-Appellant : : : : : : : : : JUDGES: Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. John F. Boggins, J. Case No. 05COA057 OPINION CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 05CRI081 JUDGMENT: Sentence Vacated/Remanded DATE OF JUDGMENT ENTRY: December 4, 2006 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant PAUL T. LANGE 307 Orange Street Ashland, OH 44805 THOMAS J. MCGUIRE 300 Fourth Street P.O. Box 1261 Elyria, OH 44036 Ashland County, Case No. 05COA057 2 Farmer, J. {¶1} On August 29, 2005, a Bill of Information was filed against appellant, Larry James, Jr., alleging one count of rape in violation of R.C. 2907.02 and one count of gross sexual imposition in violation of R.C. 2907.05. {¶2} On August 31, 2005, appellant pled guilty to the charges. By judgment entry filed October 25, 2005, the trial court sentenced appellant to ten years on the rape count and five years on the gross sexual imposition count, to be served consecutively. {¶3} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows: I {¶4} "THE TRIAL COURT'S FINDINGS OF FACT WITHOUT THOSE FACTS BEING PROVEN BEYOND A REASONABLE DOUBT BY A JURY VIOLATED MR. JAMES S CONSTITUTIONAL RIGHTS PURSUANT TO THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION." I {¶5} Appellant claims the trial court erred in sentencing him. We agree. {¶6} Specifically, appellant claims the trial court sentenced him under unconstitutional statutes based upon the Supreme Court of Ohio's opinion in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, wherein the Foster court held R.C. 2929.14(B) and (C), R.C. 2929.19(B)(2), R.C. 2929.14(E)(4) and R.C. 2929.41(A), requiring "judicial factfinding before imposition of a sentence greater than the maximum term authorized by a jury verdict or admission of the defendant" and/or consecutive sentences, are unconstitutional. Id. at ¶83. The Foster court severed the statutes, and Ashland County, Case No. 05COA057 3 concluded "***trial courts have full discretion to impose a prison sentence within the statutory range and are no longer required to make findings or give their reasons for imposing maximum, consecutive, or more than the minimum sentences." Id. at ¶100. {¶7} In addition, the state concedes this issue in its brief at 2. {¶8} In accordance with the directives of the Foster court, we grant the assignment of error and vacate the sentence herein. The matter is remanded to the trial court for resentencing pursuant to Foster. {¶9} The sole assignment of error is granted. {¶10} The sentence of the Court of Common Pleas of Ashland County, Ohio is hereby vacated and the matter is remanded to said court for resentencing. By Farmer, J. Gwin, P.J. and Boggins, J. concur. ___________________________________ ___________________________________ ___________________________________ JUDGES SGF/sg 1129 Ashland County, Case No. 05COA057 4 IN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsLARRY L. JAMES, JR. Defendant-Appellant : : : : : : : : : JUDGMENT ENTRY CASE NO. 05COA057 For the reasons stated in our accompanying Memorandum-Opinion, the sentence of the Court of Common Pleas of Ashland County, Ohio is vacated and the matter is remanded to said court for further proceedings consistent with this opinion. Cost to appellee. ___________________________________ ___________________________________ ___________________________________ JUDGES

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.