CITATION: R. v. Clarke, 2010 ONCA 685

DATE: 20101020

DOCKET: C50018

COURT OF APPEAL FOR ONTARIO

Laskin, MacPherson and Karakatsanis JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Michael Goode Clarke

Appellant

Najma Jamaldin, for the appellant

Lisa Joyal, for the respondent

Heard: October 19, 2010

On appeal from the conviction entered and the sentence imposed on July 25, 2008, by Justice Michael J. Epstein of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The appellant abandons his conviction appeal. The conviction appeal is therefore dismissed as abandoned.

[2] The appellant seeks to appeal his sentence, even though he has served the custodial portion of that sentence. Largely for the reasons set out by the Crown at para. 69 of her factum, we are all of the view that the sentence imposed by the trial judge was fit.

[3] The sentence appeal is dismissed.