STATE OF OHIO, PLAINTIFF-APPELLEE, v. KURT W. VANMETER, DEFENDANT-APPELLANT.
CASE NO. 1-18-18
IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT ALLEN COUNTY
September 4, 2018
2018-Ohio-3528
Appeal from Allen County Common Pleas Court Trial Court No. CR2017 0388
Linda Gabriele for Appellant
Jana E. Emerick for Appellee
PRESTON, J.
{¶1} Defendant-appellant, Kurt W. Vanmeter (Vanmeter), appeals the March 19, 2018 judgment entry of sentence of the Allen County Court of Common Pleas. We affirm.
{¶2} This case stems from the November 24, 2017 overdose death of Frank Coleman (Coleman). (Doc. No. 2). Vanmeter allegedly provided Coleman the substance which led to Coleman‘s overdose death. (Id.). On January 11, 2018, the Allen County Grand Jury indicted Vanmeter on three counts: Count One of involuntary manslaughter in violation of
{¶3} On January 19, 2018, Vanmeter appeared for arraignment and entered pleas of not guilty. (Doc. No. 10).
{¶4} On January 31, 2018, Vanmeter withdrew his plea of not guilty and entered a guilty plea, under a negotiated plea agreement, to Count One of the indictment. (Doc. Nos. 19, 20). In exchange for his change of plea, the State agreed to dismiss Counts Two and Three of the indictment. (Doc. No. 19). The trial court accepted Vanmeter‘s guilty plea, found him guilty, dismissed Counts Two and Three, and ordered a presentence investigation (PSI). (Doc. No. 20).
{¶6} On April 16, 2018, Vanmeter filed a notice of appeal. (Doc. No. 31). He raises two assignments of error for our review, which we address together.
Assignment of Error No. I
The Maximum Sentence Imposed by the Trial Court was Excessive and Contrary to Law.
Assignment of Error No. II
There is Clear and Convincing Evidence that the Record Does Not Support the Maximum Sentence Imposed by the Trial Court.
{¶7} In his assignments of error, Vanmeter argues that the trial court erred by imposing the maximum term of imprisonment. In particular, he argues that the trial court failed to properly consider the principles and purposes of felony sentencing under
{¶8} Under
{¶9} It is well-established that the statutes governing felony sentencing no longer require the trial court to make certain findings before imposing a maximum sentence. State v. Maggette, 3d Dist. Seneca No. 13-16-06, 2016-Ohio-5554, ¶ 29, citing State v. Dixon, 2d Dist. Clark No. 2015-CA-67, 2016-Ohio-2882, ¶ 14 (Unlike consecutive sentences, the trial court was not required to make any particular findings to justify maximum prison sentences.) and State v. Hinton, 8th Dist. Cuyahoga No. 102710, 2015-Ohio-4907, ¶ 9 (The law no longer requires the trial court to make certain findings before imposing a maximum sentence.). Rather, trial courts have full discretion to impose any sentence within the statutory range. State v. Smith, 3d Dist. Seneca No. 13-15-17, 2015-Ohio-4225, ¶ 10, quoting State v. Noble, 3d Dist. Logan No. 8-14-06, 2014-Ohio-5485, ¶ 9, citing State v. Saldana, 3d Dist. Putnam No. 12-12-09, 2013-Ohio-1122, ¶ 20. In this case, as a first-degree felony, involuntary manslaughter carries a non-mandatory sanction of 3-years to 11-years imprisonment.
{¶10}
{¶11} Although the trial court must consider the purposes and principles of felony sentencing set forth in
{¶12} In particular, in addressing the seriousness of Vanmeter‘s conduct, the trial court found that obviously the harm suffered by the victim is serious * * *, it‘s the ultimate harm even though it is a harm that would be present in any manslaughter case, so it doesn‘t necessarily make it more serious * * *. (Mar. 16, 2018 Tr. at 16); (Doc. No. 28). See
I don‘t find any of the less serious factors to apply * * * under the circumstances, [but] I suppose it could be argued that the victim by using the heroin may have somehow facilitated it * * * if that‘s a factor * * * but I don‘t give that any weight to outweigh the seriousness factors that I‘ve recited.
(Mar. 16, 2018 Tr. at 17). In assessing whether Vanmeter was likely to commit future crimes, the trial court weighed against Vanmeter his prior record and found that Vanmeter hasn‘t responded favorably to the sanctions previously imposed. (Id. at 17-19); (Doc. No. 28). See
{¶13} On appeal, Vanmeter argues that the trial court abused its discretion in weighing the
{¶14} After weighing the recidivism factors, the trial court ultimately concluded that Vanmeter failed to overcome the presumption in favor of prison after concluding that he is likely to commit future crimes. In concluding that Vanmeter is likely to commit future crimes, the trial court found that Vanmeter has a history of criminal convictions and has not responded favorably to sanctions previously imposed for criminal convictions, that he demonstrated a pattern of drug abuse that is related to the offense, and that he received a score indicative of a high risk of reoffending under the Ohio Risk Assessment System. Those findings are clearly and convincingly supported by the record. The PSI details Vanmeter‘s prior record.
{¶15} In addition to the specific factors listed under
{¶17} Not only did Vanmeter fail to raise the issue of sentence proportionality before the trial court, he also failed to offer any information to the trial court concerning sentences imposed for similar crimes committed by similar offenders. Id. at ¶ 19. As such, Vanmeter waived this issue on appeal.
{¶18} For these reasons, Vanmeter‘s assignments of error are overruled.
Judgment Affirmed
WILLAMOWSKI, P.J. and ZIMMERMAN, J., concur.
/jlr
