COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA Nos. 74827, 74828 and 74829 ACCELERATED DOCKET STATE OF OHIO : : JOURNAL ENTRY Plaintiff-appellee : : AND vs. : : OPINION VANCE ROBINSON : : PER CURIAM Defendant-appellant : : : DATE OF ANNOUNCEMENT : DECEMBER 3, 1998 OF DECISION : : CHARACTER OF PROCEEDINGS : Criminal appeal from : Court of Common Pleas : Case No. CR-337001 [74827], : CR-338341 [74828], and : CR-338975 [74829] : JUDGMENT : AFFIRMED DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellee: For defendant-appellant: WILLIAM R. CAINE, ESQ. LARRY W. ZUKERMAN, ESQ. L. CHRISTOPHER FREY, ESQ. S. MICHAEL LEAR, ESQ. Assistant County Prosecutors 2000 East Ninth Street, #700 8th Floor, Justice Center Cleveland, OH 44115 1200 Ontario Street Cleveland, OH 44113 PER CURIAM: This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Local Rule 25, the record from the -2- Cuyahoga County Court of Common Pleas, the briefs and the oral arguments of counsel. Defendant Vance Robinson pleaded guilty in three separate cases to individual counts of grand theft. The court imposed a two-year term of incarceration in each case, ordering those terms of incarceration to be served consecutively. Defendant was indicted for the three different offenses before July 1, 1996, but sentenced on all three cases after July 1, 1996. He claims the court should have given him the option of being sentenced under Senate Bill 2. The assigned error is overruled on authority of State v. Rush (1998), 83 Ohio St.3d 53. Judgment 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 Court of Common Pleas 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. JOHN T. PATTON, PRESIDING JUDGE KENNETH A. ROCCO, JUDGE JAMES D. SWEENEY, 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 .