Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Robinson

Court of Appeals of Ohio, Eighth District

June 27, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
MICHAEL ROBINSON DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-557786

ATTORNEY FOR APPELLANT Brian A. Smith Brian A. Smith, Attorney at Law

ATTORNEYS FOR APPELLEE: Timothy J. McGinty Cuyahoga County Prosecutor, Jennifer L. O'Malley Assistant Prosecuting Attorney The Justice Center

BEFORE: E.T. Gallagher, J., Rocco, P.J., and Blackmon, J.

JOURNAL ENTRY AND OPINION

EILEEN T. GALLAGHER, JUDGE

{¶ 1} This cause came to be heard on the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1.

{¶2} Defendant-appellant Michael Robinson ("Robinson") appeals the trial court's judgment sentencing him to 24 months in prison. We find no merit to the appeal and affirm.

{¶ 3} Robinson was charged with one count of domestic violence in violation of R.C. 2919.25 and one count of intimidation of a crime victim or witness in violation of R.C. 2921.04(B). He pleaded guilty to one count of domestic violence, a third-degree felony, and the court sentenced him to 24 months in prison. This appeal followed.

{¶ 4} In his sole assignment of error, Robinson argues the trial court acted contrary to law and abused its discretion when it sentenced him to a 24-month prison term. He contends the court failed to consider the factors enumerated in R.C. 2929.11 and 2929.12 when it imposed the sentence.

{¶ 5} We review felony sentences in accordance with the standard of review set forth in R.C. 2953.08(G)(2), which provides in relevant part:

The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court.
The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for re-sentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following:
(b) That the sentence is otherwise contrary to law.

{¶ 6} Therefore, we presume the sentence imposed by the trial court is correct absent evidence that it is clearly and convincingly contrary to law. State v. Sherman, 8th Dist. No. 97840, 2012-Ohio-3958, ¶ 14. "Clear and convincing evidence is more than a mere preponderance of the evidence; 'it is that evidence which will provide in the mind of the trier of facts, a firm belief or conviction as to the facts sought to be established.'" State v. Patterson, 8th Dist. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.