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STATE v. ABERNATHY

No. 10CA3341.

2011 Ohio 1056

State of Ohio, Plaintiff-Appellee, v. Percy J. Abernathy, III, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Scioto County.

DATE JOURNALIZED: February 28, 2011.

Attorney(s) appearing for the Case

Percy J. Abernathy, III, #549-410, P.O. Box 69, London, Ohio, 43140, Pro Se, Appellant Pro Se.

Mark E. Kuhn, Scioto County Prosecuting Attorney, and Pat Apel, Scioto County Assistant Prosecuting Attorney, 602 Seventh Street, Room 310, Portsmouth, Ohio 45662, Counsel for Appellee.

DECISION AND JUDGMENT ENTRY

ABELE, J.

{¶ 1} This is an appeal from a Scioto County Common Pleas Court re-sentencing judgment. Percy J. Abernathy, III, defendant below and appellant herein, assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR: "THE TRIAL COURT ERRED DURING SENTENCING, WHEN IT FORCED DEFENDANT TO STICK TO A 9 YEAR SENTENCING AGREEMENT, AFTER JURY TRIAL, WHEN IT WAS OBVIOUS FROM THE RECORD...

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