COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74304
STATE OF OHIO                    :     ACCELERATED DOCKET
                                 :
          Plaintiff-Appellee     :       JOURNAL ENTRY
                                 :
     -vs-                        :            and
                                 :
RONALD JONES                     :          OPINION
                                 :
          Defendant-Appellant    :        PER CURIAM
                                 :
DATE OF ANNOUNCEMENT                   OCTOBER 22, 1998
OF DECISION:
CHARACTER OF PROCEEDING:         Criminal appeal from
                                 Common Pleas Court
                                 Case No. CR-329824
JUDGMENT:                        Affirmed.
DATE OF JOURNALIZATION:
APPEARANCE:
For Plaintiff-Appellee:          STEPHANIE TUBBS JONES, ESQ.
                                 Cuyahoga County Prosecutor
                                 CHRISTOPHER L. FREY, ESQ.
                                 Assistant County Prosecutor
                                 8TH Floor Justice Center
                                 1200 Ontario Street
                                 Cleveland, Ohio 44113
For Defendant-Appellant:         THOMAS G. KELLY, ESQ.
                                 516 Standard Building
                                 1370 Ontario Street
                                 Cleveland, Ohio 44113
                               -2-
PER CURIAM:
     Appellant Ronald Jones appeals his three (3) to fifteen (15)
year sentence for felonious assault.  Jones was sentenced on July
16, 1996 and now argues he should have been sentenced under Senate
Bill 2, which was effective July 1, 1996, and which established the
new penalty for felonious assault as two, three, four, five, six,
seven or  eight years.   He assigns the  following error for  our
review:
          THE TRIAL  COURT COMMITTED  PLAIN ERROR  WHEN
          THEY [sic] SENTENCED  THE DEFENDANT BASED  ON
          THE SENTENCING LAW IN EFFECT PRIOR TO JULY 1,
          1996, FOR AN OFFENSE COMMITTED BEFORE JULY 1,
          1996, INSTEAD OF THE NEW LAW WHICH TOOK EFFECT
          ON JULY 1, 1996.
     After reviewing the record and arguments of the parties,  we
affirm the  trial court's decision in  light of the Ohio  Supreme
Court's recent decision in State v. Rush (1998), 83 Ohio St.3d 53.
     Appellant  pleaded  guilty  to  felonious  assault  and  was
sentenced to three (3) to fifteen (15) years in prison on July 16,
1996.  Appellant maintains that the trial court should have given
him the option of being sentenced under Senate Bill 2, which became
effective on July  1, 1996 and  changed indefinite sentences  for
felonies to  definite terms  of imprisonment.   Additionally,  he
argues the  sentencing was improper in  light of our decision  in
State  v. Dempsey  (Nov.  20,  1997), Cuyahoga  App.  No.  71479,
unreported.
     In Dempsey,  this court  held  that a  defendant in  such  a
situation is entitled to the benefit of the claimed lesser penalty
                               -3-
set forth in the new law.  However, the Ohio Supreme Court reached
a different conclusion in Rush.
          Because the  General Assembly  has  expressly
          stated the  amended sentencing provisions  of
          Am.Sub.S.B. No. 2 are applicable only to those
          crimes committed  on or  after its  effective
          date, R.C.  1.58(B)  is  inapplicable.    The
          amended sentencing provisions of  Am.Sub.S.B.
          No. 2 apply only to those crimes committed on
          or after July 1, 1996.
Rush at 58.
     Accordingly,  appellant's  sole   assignment  of  error   is
overruled.
     Judgment affirmed.
     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.
                              PATRICIA ANN BLACKMON
                              ADMINISTRATIVE JUDGE
                              ANN DYKE, JUDGE
                              DIANE KARPINSKI, 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
.