TRUMBULL COUNTY Court will hear appeal in murders

The defendant recommended the sentence, a prosecutor said.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- The Ohio Supreme Court will hear an appeal concerning a city man convicted of two counts of aggravated murder.
The Trumbull County prosecutor had asked the state to review the 11th District Court of Appeals decision ordering that Eric Lee Porterfield be resentenced.
The court ruled Wednesday that it will hear the appeal.
In February, the 11th District Court ruled that Porterfield be resentenced because Judge W. Wyatt McKay of Trumbull County Common Pleas Court erred during sentencing by not stating on the record why the defendant was receiving consecutive prison terms.
Judge McKay sentenced Porterfield to 53 years to life in prison.
LuWayne Annos, an assistant Trumbull County prosecutor, said her office does not believe a trial court is required to state the reasons when the state and the defendant both recommend the sentence.
"The defendant entered a plea and agreed and recommended the sentence," Annos said. "We do not believe the defendant needs to be resentenced."
Staying in prison
While the case is pending before the state Supreme Court, Porterfield, 31, will remain in prison.
A date has not been set when the case will be heard, Annos said.
"I expect to receive some information soon telling me when briefs should be filed," Annos said. "I would expect for oral arguments to be heard around a year from now."
Porterfield pleaded guilty in October 2002 to two counts of aggravated murder, one count of attempted murder, two counts of kidnapping and one count each of aggravated burglary and aggravated robbery.
Porterfield was charged with the deaths of Charles Mathey III, 40, and Garry Bell, 40, and the attempted murder of David Harper in a shooting at Harper's Newton Falls Township home in June 2000.
sinkovich@vindy.com