State v. Washington
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[Cite as State v. Washington, 2006-Ohio-118.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT FULTON COUNTY State of Ohio Court of Appeals No. F-05-001 Appellee Trial Court No. 03-CR-000123 v. Jarrod L. Washington Appellant DECISION AND JUDGMENT ENTRY Decided: January 13, 2006 ***** Roger D. Nagel, Prosecuting Attorney, for appellee. Dan M. Weis and Peter F. Filed, for appellant. ***** SINGER, P.J. {¶ 1} This is an appeal from a sentence issued by the Fulton County Court of Common Pleas for cocaine trafficking. Appellant, Jarrod L. Washington, in a single assignment of error, asserts that the trial court's imposition of a non-minimum sentence for someone who had never previously been imprisoned violated his Sixth Amendment rights as articulated in Blakely v. Washington (2003), 542 U.S. 296, and related cases. {¶ 2} Pursuant to 6th Dist.Loc.App.R. 12(C), we sua sponte transfer this matter to our accelerated docket and, hereby, render our decision. {¶ 3} This court has consistently held that Blakely and its progeny do not apply to Ohio's sentencing scheme. Accordingly, on authority of State v. Curlis, 6th Dist. No. WD-04-032, 2005-Ohio-1217, and cases following, appellant's sole assignment is not well-taken. {¶ 4} On consideration whereof, the judgment of the Fulton County Court of Common Pleas is affirmed. Appellant is ordered to pay the costs of this appeal pursuant to App.R. 24. Judgment for the clerk's expense incurred in preparation of the record, fees allowed by law, and the fee for filing the appeal is awarded to Fulton County. JUDGMENT AFFIRMED. A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98. Peter M. Handwork, J. _______________________________ JUDGE Mark L. Pietrykowski, J. Arlene Singer, P.J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE This decision is subject to further editing by the Supreme Court of Ohio's Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court's web site at: http://www.sconet.state.oh.us/rod/newpdf/?source=6. 2.
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