STATE OF OHIO, PLAINTIFF-APPELLEE, v. TYRONE L. TAYLOR, DEFENDANT-APPELLANT.
CASE NO. 13-19-21 | CASE NO. 13-19-22
IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT SENECA COUNTY
November 18, 2019
2019-Ohio-4719
SHAW, J.; PRESTON and WILLAMOWSKI, J.J., concur.
Aрpeals from Seneca County Common Pleas Court, Trial Court Nos. 18 CR 0266 and 19 CR 0049. Judgment Affirmed in Case No. 13-19-21 and Appeal Dismissed in Case No. 13-19-22.
Brian A. Smith for Appellant
Stephanie J. Kizer for Appellee
{¶1} Defendant-appellant, Tyrone L. Taylor (“Taylor“), brings these appeals from the May 29, 2019, judgments of the Seneca County Common Pleas Court sentencing him to an aggregate nine-year prison term after Taylor pled guilty to Aggravated Burglary with a firearm specification in violation of
Background
{¶2} On December 7, 2018, Taylor was indicted in trial court case 18CR0266 (corresponding to appellate number 13-19-21) for Aggravated Burglary in violation of
{¶3} On March 6, 2019, Taylor was indicted in trial court case 2019CR0049 (corresponding to appellate case number 13-19-22) for Grand Theft of a Motor vehicle in violation of
{¶4} Pretrial hearings were held on both cases on March 14, 2019, and March 21, 2019. Trial was scheduled on case 18CR0266 for April 22, 2019, and trial for the newer indictment was set for June 24-25, 2019.
{¶5} On April 22, 2019, the day of the first scheduled trial, the parties informed the trial court that a plea agreement had been reached with respect to the 18CR0266 case. Taylor agreed to plead guilty to the charges as indicted, including accepting the firearm specification attached to the Aggravated Burglary сharge. The parties further agreed to an open sentencing hearing to advocate their positions. The
{¶6} On May 28, 2019, the 18CR0266 case proceeded to sentencing. However, at that time, the parties indicated that a negotiated plea agreement had been reached regarding the 19CR0049 case. Taylor agreed to plead guilty to the lesser-included offense of Unauthоrized Use of a Motor Vehicle in violation of
{¶7} Sentencing then proceeded on both cases. The trial court sеntenced Taylor to six years in prison on the Aggravated Burglary conviction and three years in prison on the attached firearm specification. Those sentences were ordered to be servеd consecutively by operation of law. Taylor was sentenced to twenty-four months in prison on the Having Weapons While Under Disability charge, to run concurrent with the Aggravated Burglary. As to the Unauthorized Use of а Motor Vehicle in case 19CR0049, the trial court imposed the jointly recommended
Assignment of Error
Because the record, as shown by clear and convincing evidence, does not suрport the trial court‘s findings under the relevant statutes, pursuant to
R.C. 2953.08(G) , the trial court‘s sentence of Appellant in case number 2018 CR 0266 was not supported by the record.
13-19-22
{¶8} Initially we note that although Taylor filed an aрpeal from trial court case 19CR0049, which corresponds to appellate case 13-19-22, he does not actually make any argument challenging his 180 day jail sentence for Unauthorized Use of a Vehicle in that case. Rather, his assignment of error challenges his sentence in 2018CR0266, which corresponds to appellate case 13-19-21. As there are no issues raised regarding appeal 13-19-22, that appеal is dismissed.1
13-19-21
{¶9} In his assignment of error, Taylor argues that the record does not support the trial court‘s imposition of a six-year prison term for Aggravated Burglary in trial court case number 18CR0266.
{¶10}
Analysis
{¶11} ” ‘The trial court has full discretion to impose any sentence within the authorized statutory range, and the court is nоt required to make any findings or give its reasons for imposing maximum or more than [a] minimum sentence[].’ ” State v. Castle, 2d Dist. Clark No. 2016-CA-16, 2016-Ohio-4974, ¶ 26, quoting State v. King, 2d Dist. Clark No. 2012-CA-25, 2013-Ohio-2021, ¶ 45; State v. Freeman, 3d Dist. Union No. 14-18-16, 2019-Ohio-669, ¶ 11. Nevertheless, when exercising its sentencing discretion, a trial court must consider the statutory policies that apрly to every felony offense, including those set out in
{¶13} In the case sub judice, Taylor was convicted of Aggravated Burglary in violation of
{¶14} More specifically, Taylor contends that he expressed genuine remorse, that he stated he was ready to take responsibility for his actions, that he admitted what he did was wrong, that he had thе support of his family and community, and that he grew up without a father and was the protector of his brother and sister. He
{¶15} In fashioning the sentence in this case, the trial court stated that it had considered the record, the oral statements made at sentencing, the presentence report, the principles and purposes of sentencing under
{¶16} However, although no further findings were necessary, the record does contain statements to support more than a minimum sentence in this matter. The State noted that Taylor‘s two accomplices had each been sentenced to a seven-year prison term for their involvement in this matter and they were not even the individuals who “actually physically had the firearm” to the victim‘s head—that
{¶17} Furthermore, the record indicates that Taylor was out on bond for an armed robbery at the time of these offеnses. While Taylor argues that he did not have a serious criminal history, he had multiple felonies and was only twenty years old at the time of these offenses. Finally, Taylor had a high ORAS score, indicating a high risk level of future rеcidivism.
{¶18} Based on the statements and evidence included in the record, we cannot find that the trial court‘s sentence was clearly and convincingly contrary to law. For all of these reasons, Taylor‘s аssignment of error is overruled.
Conclusion
{¶19} For the foregoing reasons Taylor‘s assignment of error is overruled in case 13-19-21 and the judgment of the Seneca County Common Pleas Court is affirmed. Case number 13-19-22 is dismissed.
13-19-21 Judgment Affirmed
13-19-22 Case Dismissed
PRESTON and WILLAMOWSKI, J.J., concur.
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