.]
COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Sheila G. Farmer, P.J.
Plaintiff-Appellee : Hon. Julie A. Edwards, J.
: Hon. Patricia A. Delaney, J.
-vs- :
:
GERALD D. FIELDS : Case No. CT11-0037
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case. No. CR2009-0166
JUDGMENT: Affirmed
DATE OF JUDGMENT: November 21, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
ROBERT L. SMITH GERALD D. FIELDS, PRO SE
27 North Fifth Street P.O. Box 57
Zanesville, OH 43701 Marion, OH 43301
Muskingum County, Case No. CT11-0037 2
Farmer, P.J.
{¶1} On October 13, 2009, appellant, Gerald Fields, pled guilty to one count of
trafficking in drugs in violation of R.C. 2925.03 and one count of permitting drug abuse
in violation of R.C. 2925.13. By judgment entry filed November 9, 2009, the trial court
sentenced appellant to an aggregate term of nine years in prison. Appellant's case was
affirmed on appeal. State v. Fields, Muskingum App. No. CT2009-0057, 2010-Ohio-
6233.
{¶2} On July 19, 2011, appellant filed a motion for sentence modification,
claiming his sentence should be reduced pursuant to H.B. No. 86. By journal entry filed
July 22, 2011, the trial court denied the motion.
{¶3} Appellant filed an appeal and this matter is now before this court for
consideration. As appellant failed to list any assignments of error pursuant to App.R.
16(A)(3), we glean the following assignment from appellant's arguments:
I
{¶4} "THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION FOR
SENTENCE MODIFICATION PURSUANT TO H.B. NO. 86."
{¶5} We note this case comes to us on the accelerated calendar. App.R. 11.1,
which governs accelerated calendar cases, provides, in pertinent part:
{¶6} "(E) Determination and judgment on appeal. The appeal will be
determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R.
12(A) for the statement of the reason for the court's decision as to each error to be in
brief and conclusionary form. The decision may be by judgment entry in which case it
will not be published in any form."
Muskingum County, Case No. CT11-0037 3
{¶7} This appeal shall be considered in accordance with the aforementioned
rule.
I
{¶8} Appellant claims the trial court erred in denying his motion for sentence
modification pursuant to H.B. No. 86. We disagree.
{¶9} The sentencing reforms of H.B. No. 86 eliminated any distinction between
crack cocaine and powder cocaine, and lowered several cocaine thresholds. The
effective date of the reforms was September 30, 2011. Appellant was sentenced on
November 9, 2009.
{¶10} Contained within H.B. 86 at Section 4 is the specific legislative intent not
to make the changes retroactive:
{¶11} "The amendments***apply to a person who commits an offense specified
or penalized under those sections on or after the effective date of this section and to a
person to whom division (B) of section 1.58(B) of the Revised Code makes the
amendments applicable."
{¶12} R.C. 1.58(B) provides: "If the penalty, forfeiture, or punishment for any
offense is reduced by a reenactment or amendment of a statute, the penalty, forfeiture,
or punishment, if not already imposed, shall be imposed according to the statute as
amended."
{¶13} Based upon the statutory provisions, we find the trial court did not err in
denying appellant's motion for sentence modification.
{¶14} The sole assignment of error is denied.
Muskingum County, Case No. CT11-0037 4
{¶15} The judgment of the Court of Common Pleas of Muskingum County, Ohio
is hereby affirmed.
By Farmer, P.J.
Edwards, J. and
Delaney, J. concur.
_s/ Sheila G. Farmer______________
_s/ Julie A. Edwards______________
_s/ Patricia A. Delaney____________
JUDGES
SGF/sg 1103
[Cite as State v. Fields,
2011-Ohio-6044
.]
IN THE COURT OF APPEALS FOR MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
GERALD D. FIELDS :
:
Defendant-Appellant : CASE NO. CT11-0037
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Muskingum County, Ohio is affirmed. Costs
to appellant.
s/ Sheila G. Farmer______________
_s/ Julie A. Edwards______________
_s/ Patricia A. Delaney____________
JUDGES
