STATE v. MOORE

No. 84-542.

16 Ohio St. 3d 30 (1985)

THE STATE OF OHIO, APPELLEE, v. MOORE, APPELLANT.

Supreme Court of Ohio.

Decided April 3, 1985.


Attorney(s) appearing for the Case

Mr. Lynn C. Slaby, prosecuting attorney, and Mr. Philip D. Bogdanoff, for appellee.

Mr. J. Dean Carro and Appellate Review Office, School of Law, University of Akron, for appellant.


CELEBREZZE, C.J.

The question posed by this appeal is whether an unarmed accomplice to an armed robbery, convicted of violating R.C. 2911.01(A)(1), is subject to the enhancement provision of R.C. 2929.71 as it existed prior to the amendment of R.C. 2929.71 effective July 1, 1983.

Prior to July 1, 1983, R.C. 2929.71 read in part as follows:

"(B) The court shall impose a term of actual incarceration of three years in addition to imposing an indefinite...

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