Legal Opinion

State v. Simmons, 07 Je 22 (6-24-2008)

Ohio Court of Appeals

Decided June 24, 2008No. 07 JE 22PublishedCited by 6 opinions

1Opinion of the Court

OPINION

{¶ 1} This timely appeal comes for consideration upon the record in the trial court and Appellant's brief. Appellant Michael Simmons appeals the decision of the Jefferson County Court of Common Pleas resentencing him to a fifteen year prison term. Simmons claims that the trial court erred by relying upon unreliable or inaccurate information when imposing consecutive non-minimum sentences. Simmons also claims that his sentence violates both the ex-post facto clause and due process clauses of the U.S. Constitution. Because neither of these claims have merit, the decision of the trial…

2Cases cited5 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. State v. FosterOhio Supreme Court · 2006
  5. State v. AwanOhio Supreme Court · 1986

3Cited by6 opinions

  1. State v. AustinOhio Court of Appeals · 2010
  2. State v. SimmonsOhio Court of Appeals · 2014
  3. State v. SimmonsOhio Court of Appeals · 2013
  4. State v. SimmonsOhio Court of Appeals · 2013
  5. State v. SimmonsOhio Court of Appeals · 2014

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