State v. Aaron, 07 Ha 1 (3-14-2008)

OPINION

{¶ 1} Appellant D. Joseph Aaron is appealing his four-year prison sentence imposed by the Harrison County Court of Common Pleas as a result of his guilty plea on one count of robbery. Appellant contends that his sentence runs afoul of his Sixth Amendment right to trial by jury, as that right has been interpreted by Cunningham v.California (2007), 549 U.S., 127 S.Ct. 856, 166 L.Ed.2d 856. TheCunningham case is part of a line of United States Supreme Court cases interpreting whether various types of judicial factfinding during the sentencing phase of trial usurp the role of the jury as…