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STATE v. SIMS

No. 10CA17.

2012 Ohio 238

State of Ohio, Plaintiff-Appellee, v. Travis Wade Sims, Defendant-Appellant.

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

Filed: January 9, 2012.

Attorney(s) appearing for the Case

Timothy Young, State Public Defender, and E. Kelly Mihocik, Assistant State Public Defender, Columbus, Ohio, for Appellant.

C. Jeffrey Adkins, Gallia County Prosecutor, and Pat Story, Gallia County Assistant Prosecutor, Gallipolis, Ohio, for Appellee.

DECISION AND JUDGMENT ENTRY

KLINE, J.

{¶1} Travis Sims appeals the judgment of the Gallia County Court of Common Pleas. After a jury trial, Sims was convicted of aggravated robbery. Sims contends that, for various reasons, the trial court abused its discretion when it imposed a ten-year prison sentence on Sims. Because the trial court used an element of Sims' offense to find Sims' conduct more serious for sentencing purposes, we agree....

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