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· 9/29/2017

State v. Colquhoun

Citations

  • 2017 Ohio 7929

Syllabus

The trial court, following Defendant-appellant's guilty plea to possession of methamphetamine, a third degree felony, sentenced him to a 36 month prison term. The 36 month prison term does not constitute cruel and unusual punishment violative of the Eighth Amendment to the United States Constitution or Article I, Section 9 of the Ohio Constitution. Defendant-appellant is imprisoned for the commission of a crime. Thus, R.C. 5119.26, which provides that a person detained for a medical purpose retains the right to receive appropriate and adequate medical care, is not applicable to Defendant-appellant's circumstance. Finally, Defendant-appellant's prison sentence does not create any equal protection concerns under either the United States Constitution or the Ohio Constitution. Judgment affirmed.

Judges: Tucker

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