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State v. Dari

Court of Appeals of Ohio, Eighth District

September 26, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
KHALIL T. DARI DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-558299

ATTORNEY FOR APPELLANT Michael J. Cheselka, Jr., Michael J. Cheselka, Jr., L.L.C.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor

By: William Leland Assistant Prosecuting Attorney

BEFORE: Rocco, P.J., Keough, J., and Kilbane, J.

JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, PRESIDING JUDGE

(¶ 1} After entering guilty pleas to one count of drug trafficking and one count of having a weapon while under disability ("HWUD"), defendant-appellant Khalil Dari appeals from the 30-month sentence he received for his convictions.

(¶2} Dari presents two assignments of error. He asserts that the trial court considered improper information, and then failed to allow him the opportunity to counter that information, when deciding his punishment.

(¶ 3} Based upon a review of the record, however, this court cannot find that the trial court acted improperly. Dari's sentences, consequently, are affirmed.

(¶ 4} Dari originally was indicted in this case on 21 counts. He was charged with 5 counts of trafficking l-(5 fluoropentyl)-3-(napthoyl)indole (AM2201), [1] 3 counts of trafficking Pyrovalerone, [2] 1 count of trafficking oxycodone, 1 count of trafficking hydrocodone, 1 count of trafficking Alprazolam, 3 counts of possessing l-(5 fluoropentyl)-3-(napthoyl)indole (AM2201), 2 counts of possessing oxycodone, 1 count of possessing 5-MeO-DiPT, 1 count of possessing methylenedioxypyrovalerone (MDPV), [3] 1 count of possessing Methadone, 1 count of possessing criminal tools, and 1 count of HWUD.

(¶ 5} After a lengthy period of discovery, the parties notified the trial court that a plea agreement had been reached. As outlined by the prosecutor, in exchange for the state's amendment of Count 10, a charge of trafficking l-(5 fluoropentyl)-3-(napthoyl)indole (AM2201), to lower the weight of the substance for the charge to become a third-degree felony, and dismissal of the other counts, Dari would plead guilty to the amended Count 10 and to the HWUD count. Dari's defense counsel conceded that the two counts were supported by a "factual basis."

(¶ 6} The trial court conducted a careful colloquy with Dari prior to accepting his pleas to those counts. The court proceeded to order the preparation of a presentence investigation report in the case. Prior to the date scheduled for sentencing, Dari's defense counsel filed a sentencing memorandum, reminding the trial court of the precise charges of which his client had been convicted, and seeking to persuade the court to impose community control sanctions on his client rather than a term in prison.

(ΒΆ 7} When Dari's sentencing hearing took place, the trial court stated it had "read and digested" the presentence report it had received. The court further stated that Dari's convictions were based upon the facts that he was "selling synthetic drugs from his Sunoco gas station and had a weapon on him when he was arrested." After reciting Dari's prior ...


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