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State v. Rammel

Court of Appeals of Ohio, Second District

July 12, 2013

STATE OF OHIO Plaintiff-Appellee
v.
MATTHEW RAMMEL Defendant-Appellant

Criminal Appeal from Common Pleas Court Trial Court Nos. 11-CR-435, 10-CR-3732

MATHIAS H. HECK, JR., by KIRSTEN A. BRANDT, Atty. Reg. #0070162, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Attorney for Plaintiff-Appellee.

E. KELLY MIHOCIK, Atty. Reg. #0077745, Office of the Ohio Public Defender, Attorney for Defendant-Appellant.

OPINION

FAIN, P.J.

{¶ 1} Defendant-appellant Matthew Rammel appeals from his conviction and sentence for Burglary, Receiving Stolen Property, and Breaking and Entering. Rammel contends that his sentence is contrary to law and void, because the trial court failed to sentence him pursuant to the reduced penalties and required findings for consecutive sentences in 2011 Am.Sub.H.B. No. 86 (H.B. 86). Rammel further contends that he received ineffective assistance of trial counsel when his counsel failed to ask the trial court to sentence Rammel pursuant to H.B. 86.

{¶ 2} We conclude that the trial court's failure to apply H.B. 86 to Rammel resulted in a sentence that is contrary to law and void. Accordingly, the sentencing portion of the judgment of the trial court is Vacated, and the cause is Remanded for re-sentencing. The trial court's judgment of conviction is Affirmed.

I. Rammel Commits a Series of Burglaries

{¶ 3} In September and October 2010, Matthew Rammel burglarized two homes on Croftshire Drive in Kettering. In early November, he burglarized two more Kettering homes on Harwich Court. Later that month, Rammel burglarized one of the Croftshire Drive homes a second time.

{¶ 4} The police recovered property that had been taken during the burglaries when they executed search warrants at both Rammel's home and the home of his girlfriend. After the search of Rammel's apartment, Kettering Police Detective Walker informed Rammel that he was under arrest for Burglary and Receiving Stolen Property.

{¶ 5} Detective Walker later interviewed Rammel. Detective Walker advised Rammel of his Miranda rights, which Rammel waived. During the ensuing interview, Rammel made several admissions to Detective Walker. After twenty or thirty minutes of questioning, Rammel stated, "I don't want to incriminate myself any more. I just want to remain silent." The interview ended at that point.

II. Course of the Proceedings

{¶ 6} In December 2010, Rammel was indicted on one count each of Burglary and Receiving Stolen Property, under Montgomery County Case Number 10-CR-3732. In February 2011, Rammel was indicted under Montgomery County Case Number 11-CR-435 on ten counts of Receiving Stolen Property and three counts of Burglary. Later that month, Rammel filed a motion to suppress, which the trial court overruled following a hearing.

{¶ 7} In June 2011, Rammel filed a motion to sever the Burglary charges from the Receiving Stolen Property charges. The State opposed Rammel's motion and requested that all of the counts under both case numbers be tried together. The trial court overruled Rammel's motion to sever and granted the State's motion for joinder of the indictments.

{¶ 8} In August 2011, Rammel was charged under a "B" indictment in Case Number 11-CR-435 with an additional count of Burglary. Pursuant to a negotiated plea agreement, Rammel pled no contest to all sixteen of the pending charges in both case numbers. In exchange, the State agreed to a sentence within the range of five to eight years. On the day of sentencing, Rammel also pled no contest to a charge of Breaking and Entering, presented by way of bill of information, with the understanding that his sentence would remain in the five-to-eight-year range. The trial court sentenced Rammel to an aggregate term of eight years in prison, which included five-year sentences on the Burglary counts and eighteen-month sentences on the Receiving Stolen Property counts. The trial court ran the five-year Burglary sentences concurrent with each other, ...


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