COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NOS. 72344, 72345, 72346, 72347 STATE OF OHIO : JOURNAL ENTRY : AND Plaintiff-appellee : OPINION : -vs- : : NICHOLAS MILLER : : Defendant-appellant : DATE OF ANNOUNCEMENT OF DECISION: JUNE 25, 1998 CHARACTER OF PROCEEDING: Criminal appeal from the Court of Common Pleas Case Nos. CR-207363B, CR-206741, CR-207097 and CR-207788 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: STEPHANIE TUBBS JONES, ESQ. CUYAHOGA COUNTY PROSECUTOR BY: RONALD JAMES, ESQ. ARTHUR A. ELKINS, ESQ. ASSISTANT COUNTY PROSECUTORS 1200 Ontario Street Cleveland, Ohio 44113 For Defendant-Appellant: DAVID L. DOUGHTEN, ESQ. 4403 St. Clair Avenue Cleveland, Ohio 44103 DYKE, J.: Appellant, Nicholas Miller is appealing his conviction for four counts of aggravated robbery, R.C. 2911.01, with firearm -2- specifications. For the following reasons, we affirm. Appellant was indicted in 1986, and sentenced on October 6, 1986. On March 17, 1997, appellant filed a Motion to Advise and Sentence the Defendant According to the Law Effect (sic) on July 1, 1996. Appellant asserted that he should be sentenced in accordance with Am.Sub.S.B. No. 2 as amended by Am.Sub.S.B. No. 269. Appellant's sole assignment of error states: THE TRIAL COURT ERRED IN DENYING DEFENDANT-APPELLANT'S MOTION TO ADVISE AND SENTENCE THE DEFENDANT ACCORDING TO THE LAW IN EFFECT ON JULY 1, 1996. Am.Sub.S.B. No. 2 does not apply to persons convicted and sen- tenced prior to July 1, 1996. State ex rel. Maynard v. Corrigan (1998), 81 Ohio St.3d 332. Appellant was sentenced in 1986, so Am.Sub.S.B. No. 2 does not apply to appellant. The trial court properly denied appellant's motion. Accordingly, appellant's assignment of error is overruled. The decision of the trial court is affirmed. -3- It is ordered that appellee recover of appellant its costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. PORTER, P.J., AND CORRIGAN, J., CONCUR. ANN DYKE JUDGE N.B. This entry is an announcement of the court's decision. See App. R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App. R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .