COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78711
STATE OF OHIO                   :
                                :
     Plaintiff-Appellee         :
                                :  JOURNAL ENTRY
                                :
     -vs-                       :       AND
                                :
RAFAEL AGUILAR                  :     OPINION
                                :
     Defendant-Appellant        :
                                :
DATE OF ANNOUNCEMENT            :  SEPTEMBER 20, 2001
 OF DECISION                    :
                                :
CHARACTER OF PROCEEDINGS        :  Criminal appeal from
                                :  Common Pleas Court
                                :  Case No CR-390611
JUDGMENT                        :  SENTENCE VACATED AND REMANDED.
DATE OF JOURNALIZATION          :
APPEARANCES:
For Plaintiff-Appellee:            William D. Mason
                                   Cuyahoga County Prosecutor
                                   Therese Tiburzio
                                   Assistant County Prosecutor
                                   The Justice Center
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
For Defendant-Appellant:           Richard Agopian
                                   1750 Standard Building
                                   1370 Ontario Street
                                   Cleveland, Ohio 44113-1735
ANNE L. KILBANE, J.:
     This is an appeal from a sentencing order, following a  jury
trial before  Judge Shirley  Strickland Saffold,  that imposed  a
                               -2-
three-year prison term for felonious assault upon Rafael Aguilar.
Aguilar claims that he had not previously served a prison term and
it was  error not  to consider imposing  the minimum sentence  as
required by R.C.  2929.14(B). The State  concedes the error,  and
jointly recommends  the case be  remanded for  resentencing.   We
agree, vacate and remand.
     Aguilar, thirty-nine-years-old, was indicted on a single count
of felonious assault,  a second degree  felony, stemming from  an
incident in which he was  accused of striking another man in  the
head with a metal pipe. He pleaded guilty to the charge, the judge
ordered a presentence  report, and scheduled sentencing.  At  the
sentencing hearing, however, Aguilar professed his innocence  and
was  permitted to  withdraw  his plea.    On September  19,  2000
following trial, the jury returned a guilty verdict and the judge
immediately sentenced Aguilar, stating the following:
     The sentence of the Court is $250 and costs, three years
     at the Lorain Correctional Institution.
     She advised him of his right to appeal, his right to have  a
transcript provided  and appellate  counsel appointed  if he  was
indigent and nothing more.
     Aguilar's sole assignment of error states:
     THE TRIAL COURT  ERRED IN IMPOSING A SENTENCE OF  THREE
     YEARS RATHER THAN A SENTENCE OF ONE YEAR IN VIOLATION OF
     THE STATUTORY PRESUMPTION.
     Aguilar claims that he had not previously served a prison term
and,  under  R.C.  2929.14(B),  was  entitled  to  the  statutory
presumption of the minimum two years of imprisonment.1  The state
     1R.C. 2903.11(B); R.C. 2929.14(A)(2).
                               -3-
concedes his entitlement,  and that the judge failed to  consider
minimum sentencing before imposing a three-year sentence.  We agree
that the  judge's sentence fails  to show  consideration of  R.C.
2929.14(B), as it fails to demonstrate consideration of any factor
relevant to sentencing.
     Sentence vacated and remanded for resentencing.
                               -4-
     It is ordered that the appellant recover from the appellee his
costs herein taxed.
     It is ordered that a special mandate issue out of this court
directing the Cuyahoga  County Common Pleas  Court to carry  this
judgment into execution.
     A certified copy of this entry shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
                                          PRESIDING JUDGE
                                          ANNE L. KILBANE
JAMES J. SWEENEY, J.,      and
TERRENCE O'DONNELL, J., CONCUR.
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.22.  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
clerk  per App.R.  22(E).   See, also,  S.Ct.Prac.R. II,  Section
2(A)(1).
 
.