2006 Ohio 2275 | Ohio Ct. App. | 2006
{¶ 3} In both her assignments of error, appellant asserts that the trial court erred when it imposed a two-year term of incarceration following her guilty plea. This Court disagrees.
{¶ 4} On February 27, 2006, the Ohio Supreme Court issued two decisions which impact Appellant's arguments on appeal. In Statev. Foster,
{¶ 5} This Court notes that on appeal appellant has not challenged the constitutionality of the imposition of his sentence. Accordingly, we decline to sua sponte remand on grounds not argued by appellant. Id. at ¶ 24. Further, as a result of the remedy chosen by the Foster Court, appellant may not premise error based upon the failure of the trial court to make the findings previously required by statute. Id. at ¶ 20. Accordingly, to the extent that appellant's claim relies on such procedural error, her claim must fail.
{¶ 6} Additionally, Foster altered this Court's standard of review which was previously a clear and convincing error standard. State v. Windham, 9th Dist. No. 05CA0033,
{¶ 7} The Foster Court noted that "there is no mandate for judicial fact-finding in the general guidance statutes. The court is merely to `consider' the statutory factors." Foster at ¶ 42. Therefore, post-Foster, trial courts are still required to consider the general guidance factors in their sentencing decisions. In its journal entry, the trial court specifically stated that it had considered the purposes and principles of sentencing under R.C.
{¶ 8} R.C.
"(A) A court that sentences an offender for a felony shall be guided by the overriding purposes of felony sentencing. The overriding purposes of felony sentencing are to protect the public from future crime by the offender and others and to punish the offender. To achieve those purposes, the sentencing court shall consider the need for incapacitating the offender, deterring the offender and others from future crime, rehabilitating the offender, and making restitution to the victim of the offense, the public, or both.
"(B) A sentence imposed for a felony shall be reasonably calculated to achieve the two overriding purposes of felony sentencing set forth in division (A) of this section, commensurate with and not demeaning to the seriousness of the offender's conduct and its impact upon the victim, and consistent with sentences imposed for similar crimes committed by similar offenders."
Appellant was convicted of a third degree felony. Accordingly, the trial court was permitted to utilize its discretion to sentence her from one to five years incarceration. R.C.
{¶ 9} Upon review, this Court cannot say that the trial court abused its discretion in sentencing Appellant to two years incarceration. Appellant was convicted of one count of theft of firearms. Appellant and her co-defendant, Dax Murray, stole multiple firearms (4) from appellant's stepfather. Thus, appellant's relationship to the victim did facilitate the offense as it permitted her access to the home from which the firearms were stolen. See R.C
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Medina, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to appellant.
Moore, J. Boyle, J. Concur.