COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ROUSLAN CHALIMOV (Appellant)

BEFORE:

BORINS, LANG and JURIANSZ JJ.A.

COUNSEL:

Boris Bytensky

for the appellant

Shawn Porter

for the respondent

HEARD & ENDORSED:

September 10, 2004

On appeal from the sentence imposed on November 12, 2003 by Justice Thomas P. Cleary of the Ontario Court of Justice.

A P P E A L B O O K E N D O R S E M E N T

[1] On consent, appeal is allowed and sentence is varied to one of time served.