State v. Kerns, 06ca3124 (7-27-2007)

DECISION AND JUDGMENT ENTRY

{¶ 1} This is an appeal from a Scioto County Common Pleas Court judgment. Elvis Presley Jeremy Kerns, defendant below and appellant herein, was previously convicted of voluntary manslaughter in violation of R.C. 2903.03(A) and he now appeals his re-sentencing.

{¶ 2} Appellant assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR:

"THE COURT OF COMMON PLEAS VIOLATED APPELLANT'S RIGHT TO TRIAL BY JURY BY SENTENCING APPELLANT TO A TERM OF INCARCERATION WHICH EXCEEDED THE STATUTORY MAXIMUM MANDATED BY THE SIXTH AND FOURTEENTH AMENDMENTS. THE DECISION RENDERED…