State v. TurnerState v. Turner
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-13-578648-A
BEFORE: Stewart, J., Keough, P.J., and Kilbane, J.
RELEASED AND JOURNALIZED: March 26, 2015
Andrew P. Baker
17877 St. Clair Avenue
Cleveland, OH 44110
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
Ryan J. Bokoch
Assistant County Prosecutor
Justice Center, 9th Floor
1200 Ontario Street
Cleveland, OH 44113
{¶1} Defendant-appellant, Destiny S. Turner, appeals her conviction of misdemeanor child endangering, and two counts of attempted felony child endangering. We find no merit to the appeal and affirm the decision of the trial court.
{¶2} On September 28, 2013, witnesses observed Turner pull a knife on her daughter, drag her daughter into a building, and proceed to beat her in the building hallway. Police officers responded to Turner‘s residence to investigate the incident. While there, the officers observed two children whom the officers believed were possibly not being cared for properly.1 Due to their concern, the police contacted Children and Family Services, who arrived at the scene and upon investigation of the child who was beaten, found healing wounds on the child — including what appeared to be an iron burn on the child‘s leg. Further investigation revealed that Turner had subjected her children to multiple forms of corporal punishment that caused serious physical harm in the past, that Turner was keeping her children in unsanitary conditions, and was neglecting their basic needs.
{¶3} As a result of the investigation, Turner was indicted in a six-count indictment alleging the crime of felonious assault, and five counts of child endangering, for incidents that took place between the dates of July 1, 2013, and September 28, 2013. In a negotiated plea deal, Turner pleaded guilty to one count of misdemeanor child endangering, and two counts of attempted child endangering, felonies of the third degree. All other counts were nolled.
{¶4} On June 9, 2014, the trial court sentenced Turner to a prison term of 180 days on the misdemeanor charge to run concurrent to three years on the first attempted child endangering
{¶5} On appeal, Turner argues that she did not enter into her plea knowingly and intelligently because she was not advised by the trial court of the possibility of consecutive sentences, and that she was not advised of the consequences of a felony violation while under postrelease control supervision. Turner also assigns as error that the trial court erroneously imposed consecutive sentences.
{¶6} The record reflects that the court did not advise Turner prior to her plea that it could run her sentences consecutively. While it is true that
{¶7} Turner next argues that her plea was not knowing and intelligent because she was not advised that the court has the authority under
{¶8} In her second assignment of error, Turner contends that the court erred in ordering consecutive sentences on her two felony attempted child endangering counts, and thus, she is entitled to a new sentencing hearing. Turner argues that the error occurred when the judge made
{¶9} Judgment is affirmed, but the case is remanded for the limited purpose of correcting the sentencing entry.
It is ordered that appellee recover of 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 conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for correction of the journal entry.
MELODY J. STEWART, JUDGE
KATHLEEN ANN KEOUGH, P.J., and
MARY EILEEN KILBANE, J., CONCUR