State v. AngelState v. Angel
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: January 13, 2022
Appearances:
Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and Carla B. Neuhauser, Assistant Prosecuting Attorney, for appellee.
Christina M. Joliat, for appellant.
KATHLEEN ANN KEOUGH, J.:
{¶ 1} Defendant-appellant, William Angel, appeals from the trial court‘s judgment, rendered after a guilty plea, finding him guilty of various offenses and sentencing him to 30 months in prison. Having reviewed the record and applicable law, we find no merit to Angel‘s appeal and affirm the trial court‘s judgment.
{¶ 2} Angel was indicted in a multicount indictment with three counts of abduction, and one count each of theft, domestic violence, endangering children, and having weapons while under disability.
{¶ 3} The charges arose out of incidents that occurred on July 25, 2020, and October 25, 2020. In the July 25 incident, Angel drove erratically, causing his girlfriend, who was a passenger in the car, to fear for her life. When she tried to exit the car, Angel grabbed her and pulled her back into the vehicle. He then drove her to her apartment, where he took her cell phone from her and made her feel that it was unsafe for her to leave the apartment.
{¶ 4} On October 25, 2020, Cleveland police officers responded to an apartment on the city‘s east side after a 911 caller reported that people in the apartment (later determined to be Angel and his girlfriend) were fighting. The caller also reported that he had heard the female victim screaming for help and the victim‘s four-year-old son asking, “Why are you hitting mommy?” When the officers attempted to make contact with Angel, they heard him telling the victim to “calm down.” They also determined that he was armed with a weapon. The officers called SWAT to the scene. Angel ignored all attempts to contact him and requests for him to let the victim and her son leave the apartment. SWAT eventually apprehended
{¶ 5} As a result of a plea agreement, Angel pleaded guilty to amended Count 1, attempted abduction in violation of
{¶ 6} The trial court sentenced Angel to 18 months in prison on felony Counts 1 and 3, and 30 months in prison on felony Count 7, as well as 180 days in the county jail on misdemeanor Counts 2, 5, and 6. The court ordered that all counts were to be served concurrently, for a total sentence of 30 months’ incarceration. Angel filed numerous post-sentence motions, including a motion to withdraw his guilty plea, a
II. Law and Analysis
{¶ 7} In his single assignment of error, Angel challenges his 30-month prison sentence. Specifically, he contends that “[t]he trial court abused its discretion by imposing a prison sentence contrary to
{¶ 8} We review felony sentences under the standard set forth in
{¶ 10}
{¶ 11} Trial courts are not required to make factual findings under
{¶ 12} Despite asserting in his assignment of error that his sentence is “contrary to
{¶ 13} The Ohio Supreme Court has made clear, however, that
{¶ 14} The trial court‘s journal entry of sentencing states that it “considered all required factors of the law,” and Angel has failed to affirmatively demonstrate otherwise. Moreover, despite Angel‘s contention that the trial court improperly applied the
{¶ 15} Angel has failed to demonstrate that his sentence is either contrary to law or that the trial court did not adequately consider the principles and purposes of sentencing set forth in
{¶ 16} Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution. The defendant‘s
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
KATHLEEN ANN KEOUGH, JUDGE
FRANK D. CELEBREZZE, JR., P.J., and EMANUELLA D. GROVES, J., CONCUR