State v. Benton, L-07-1305 (8-1-2008)

DECISION AND JUDGMENT

{¶ 1} Defendant-appellant, Tremon Benton, appeals the September 5, 2007 judgment of the Lucas County Court of Common Pleas which sentenced appellant to ten years of imprisonment for felonious assault (R.C. 2903.11(A)(1)) and rape (R.C. 2907.02(A)(2) and (B)). For the reasons that follow, we affirm the trial court's judgment.

{¶ 2} A brief recitation of the facts is as follows. On March 13, 2006, following a jury trial convicting him of rape and felonious assault, appellant was sentenced to consecutive sentences totaling ten years. On direct appeal, this court affirmed…