State v. Cottrill, 2006-Ca-79 (4-26-2007)

OPINION

{¶ 1} Appellant, Jamie Cottrill, appeals the July 12, 2006, Licking County Common Pleas Court's denial of his Motion to Vacate Judgment on the Basis of New Supreme Court Decisions in Accordance with Civil Rule 60(B). Appellant asserts that he was sentenced unconstitutionally when his sentence was enhanced by facts found by a judge, rather than a jury, and as a result argues that he should have been granted re-sentencing. In support of this assertion, appellant argues that the United States Supreme Court decisions in Apprendi v. New Jersey (2000), 530 U.S. 466,120 S.Ct. 2348, Blakely v.…