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State v. Wallace

Court of Appeals of Ohio, Seventh District

June 20, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
RAYLEN W. WALLACE, DEFENDANT-APPELLANT.

Criminal Appeal from Youngstown Municipal Court, Case No. 11 TRD 00997.

For Plaintiff-Appellee: Attorney Dana Lantz City Prosecutor Attorney Kathleen Thompson Assistant Prosecutor.

For Defendant-Appellant: Attorney Matthew Giannini.

JUDGES: Hon. Mary DeGenaro, Hon. Gene Donofrio, Hon. Joseph J. Vukovich.

OPINION

DeGenaro, P.J.

{¶1} Defendant-Appellant, Raylen Wallace, appeals the decision of the Youngstown Municipal Court, sentencing him to 180 days incarceration following a probation violation hearing. Wallace argues that the trial court failed to afford him his right to allocution, and that the trial court's sentence was an abuse of discretion. Wallace's arguments are meritless. Wallace was afforded his right to allocution; the trial court addressed Wallace and allowed him the opportunity to speak on his own behalf before proceeding to sentencing. Further, the trial court's sentence was not an abuse of discretion; a community control sanction for his first driving under suspension conviction did not deter him from committing a second driving under suspension offense. Accordingly, the judgment of the trial court is affirmed.

Facts and Procedural History

{¶2} Two separate convictions against Wallace are pertinent to this appeal. In July 2011, in Case No. 2011 TRD 997, Wallace pled no contest to a charge of driving under suspension (R.C. 4510.11(A)), a first-degree misdemeanor. The trial court found him guilty of this charge and sentenced him to one year of probation supervision and required that he obtain a valid license by the end of his probation period. About eight months later, on March 21, 2012, in Case No. 2011 TRD 3895, Wallace entered a no contest plea to another driving under suspension charge, which the trial court accepted. The trial court found him guilty and set the matter for sentencing. The court also advised Wallace to return with a driver's license and insurance.

{¶3} On August 24, 2012, the Youngstown Municipal Court Probation Department issued a notification of possible probation violation for Case No. 2011 TRD 997 for failure to report to probation and for the driving under suspension charge in Case No. 2011 TRD 3895.

{¶4} On August 30, 2012, Wallace came before the court for a probation violation hearing, as well as sentencing for the subsequent driving under suspension charge and a preliminary hearing for another offense, a felony drug possession. Following the hearing, the trial court issued a judgment entry for Case No. 2011 TRD 997 stating that Wallace stipulated to the probation violation. The court found that Wallace violated the terms of his probation, imposed a sentence of 180 days incarceration, and terminated his probation.

Right to Allocution

{¶5} In Wallace's first assignment of error, he argues:

{¶6} "A misdemeanor sentence, although within the statutorily allowed sentencing range and otherwise consistent with misdemeanor sentencing, must nonetheless be reversed for re-sentencing when no right of allocution is afforded the defendant."

{¶7} Wallace argues that the trial court did not afford him his right to allocution before imposing sentence in ...


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