Papa John#039;s robber to be resentenced
Published 12:00 am Thursday, July 14, 2005
An Ironton man convicted last year in connection with the armed robbery of a Papa John's Pizza store will be back in court Wednesday to be resentenced on his conviction.
Also, a pretrial conference is scheduled for an Ironton man who allegedly set fire to his house with a homemade explosive device earlier this year.
Last week, the Ohio Fourth District Court of Appeals ruled that Brock Smith, 23, of 412 S. Ninth St., should have been given a lesser sentence for his armed robbery conviction because his criminal record did not warrant a maximum incarceration.
Brock was originally sentenced to nine years on that charge.
"… The appellant (Smith) argued that the trial court erred in sentencing him, failing to follow statutory guidelines required by giving him more than the minimum term authorized for each offense. We agree," the court of appeals said in its ruling.
The appeals court ordered a new trial for Smith on a felonious assault conviction.
Smith was convicted of using a sawed off shotgun to hold up the pizza parlor in March 2004.
Also this week, Todd Terkhorn, 24, of 1747 Kevin St., is scheduled for a pretrial conference in Lawrence County Common Pleas Court.
In
May, he was arrested after he allegedly set fire to his house through use of a homemade explosive device. He has pleaded not guilty by reason of insanity.