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State v. Robinson

Court of Appeals of Ohio, Fifth District

July 1, 2013

STATE OF OHIO Plaintiff-Appellee
v.
CASEY ROBINSON Defendant-Appellant

Criminal appeal from the Muskingum County Court of Common Pleas, Case No. CR2012-0200

For Plaintiff-Appellee: RONALD WELCH

For Defendant-Appellant: VALERIE WIGGINS

Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

Gwin, P.J.

{¶1} Defendant-appellant Casey J. Robinson ["Robinson"] appeals his sentences on robbery a felony of the third degree in violation of R.C. 2911.02, with a firearm specification pursuant to R.C. 2941.145, entered after a negotiated plea in the Muskingum County Court of Common Pleas.

Facts and Procedural History

{¶2} Robinson was indicted on the following: Count 1) Aggravated Robbery, a felony of the first degree with a firearm specification; Count 2) Theft (less than $1, 000), a first-degree misdemeanor; Counts 3 and 4) Felonious Assault, both felonies of the second degree.

{¶3} On December 3, 2012, pursuant to a written plea agreement, Robinson withdrew his former pleas of not guilty and entered a plea of "guilty" to an amended Count 1, to-wit: Robbery, a felony of the third degree with a firearm specification. In exchange, the state agreed not to make a recommendation and to leave sentencing to the discretion of the Court. The State further agreed to Nolle Counts 2, 3, and 4 at the time of sentencing.

{¶4} On January 14, 2013, Robinson returned to court for sentencing. The Court then ordered Robinson serve a mandatory prison term of three years on the firearm specification and a prison term of 30 months on the robbery conviction. The sentences were ordered to be served consecutively. The Court further informed Robinson that he was subject to a mandatory period of post release control for 3 years upon his release from prison.

Assignment of Error

{¶5} Robinson raises one assignment of error,

{¶6} "I. THE TRIAL COURT VIOLATED THE APPELLANT'S CONSTITUTIONAL RIGHTS AND ABUSED ITS DISCRETION WHEN IT SENTENCED THE APPELLANT, A FIRST-TIME FELONY OFFENDER, TO ...


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