[Cite as State v. Fields, 2011-Ohio-6044.]

COURT OF APPEALS 

MUSKINGUM COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : JUDGES: 

 : Hon. Sheila G. Farmer, P.J. 

 Plaintiff-Appellee : Hon. Julie A. Edwards, J. 

 : Hon. Patricia A. Delaney, J. 

-vs- : 

 : 

GERALD D. FIELDS : Case No. CT11-0037 

 : 

 Defendant-Appellant : O P I N I O N

CHARACTER OF PROCEEDING: Appeal from the Court of Common 

Pleas, Case. No. CR2009-0166 

JUDGMENT: Affirmed 

DATE OF JUDGMENT: November 21, 2011 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

ROBERT L. SMITH GERALD D. FIELDS, PRO SE 

27 North Fifth Street P.O. Box 57 

Zanesville, OH 43701 Marion, OH 43301 
Muskingum County, Case No. CT11-0037 2 

Farmer, P.J. 

{¶1} On October 13, 2009, appellant, Gerald Fields, pled guilty to one count of 

trafficking in drugs in violation of R.C. 2925.03 and one count of permitting drug abuse 

in violation of R.C. 2925.13. By judgment entry filed November 9, 2009, the trial court 

sentenced appellant to an aggregate term of nine years in prison. Appellant's case was 

affirmed on appeal. State v. Fields, Muskingum App. No. CT2009-0057, 2010-Ohio6233. 

{¶2} On July 19, 2011, appellant filed a motion for sentence modification, 

claiming his sentence should be reduced pursuant to H.B. No. 86. By journal entry filed 

July 22, 2011, the trial court denied the motion. 

{¶3} Appellant filed an appeal and this matter is now before this court for 

consideration. As appellant failed to list any assignments of error pursuant to App.R. 

16(A)(3), we glean the following assignment from appellant's arguments: 

I 

{¶4} "THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION FOR 

SENTENCE MODIFICATION PURSUANT TO H.B. NO. 86." 

{¶5} We note this case comes to us on the accelerated calendar. App.R. 11.1, 

which governs accelerated calendar cases, provides, in pertinent part: 

{¶6} "(E) Determination and judgment on appeal. The appeal will be 

determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R. 

12(A) for the statement of the reason for the court's decision as to each error to be in 

brief and conclusionary form. The decision may be by judgment entry in which case it 

will not be published in any form." 
Muskingum County, Case No. CT11-0037 3 

{¶7} This appeal shall be considered in accordance with the aforementioned 

rule. 

I 

{¶8} Appellant claims the trial court erred in denying his motion for sentence 

modification pursuant to H.B. No. 86. We disagree. 

{¶9} The sentencing reforms of H.B. No. 86 eliminated any distinction between 

crack cocaine and powder cocaine, and lowered several cocaine thresholds. The 

effective date of the reforms was September 30, 2011. Appellant was sentenced on 

November 9, 2009. 

{¶10} Contained within H.B. 86 at Section 4 is the specific legislative intent not 

to make the changes retroactive: 

{¶11} "The amendments***apply to a person who commits an offense specified 

or penalized under those sections on or after the effective date of this section and to a 

person to whom division (B) of section 1.58(B) of the Revised Code makes the 

amendments applicable." 

{¶12} R.C. 1.58(B) provides: "If the penalty, forfeiture, or punishment for any 

offense is reduced by a reenactment or amendment of a statute, the penalty, forfeiture, 

or punishment, if not already imposed, shall be imposed according to the statute as 

amended." 

{¶13} Based upon the statutory provisions, we find the trial court did not err in 

denying appellant's motion for sentence modification. 

{¶14} The sole assignment of error is denied. 
Muskingum County, Case No. CT11-0037 4 

{¶15} The judgment of the Court of Common Pleas of Muskingum County, Ohio 

is hereby affirmed. 

By Farmer, P.J. 

Edwards, J. and 

Delaney, J. concur. 

 

 

 

 _s/ Sheila G. Farmer______________ 

 

 _s/ Julie A. Edwards______________ 

 _s/ Patricia A. Delaney____________ 

 JUDGES 

SGF/sg 1103
[Cite as State v. Fields, 2011-Ohio-6044.]

IN THE COURT OF APPEALS FOR MUSKINGUM COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

GERALD D. FIELDS : 

 : 

 Defendant-Appellant : CASE NO. CT11-0037 

For the reasons stated in our accompanying Memorandum-Opinion, the 

judgment of the Court of Common Pleas of Muskingum County, Ohio is affirmed. Costs 

to appellant. 

 s/ Sheila G. Farmer______________ 

 

 _s/ Julie A. Edwards______________ 

 _s/ Patricia A. Delaney____________ 

 JUDGES