State v. Smith, 08-Ca-37 (3-6-2009)

OPINION

{¶ 1} Defendant-appellant Adam R. Smith appeals from his conviction and sentence for Robbery, following a guilty plea, upon remand after his first sentence for that offense was reversed on a previous appeal. Smith contends that in its sentencing decision, the trial court impermissibly punished him for having exercised his right to remain silent.

{¶ 2} We are not persuaded that the trial court impermissibly punished Smith for having exercised his right to remain silent. We conclude that the trial court rewarded an otherwise similarly-situated offender for agreeing to testify for the…