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State v. Price

Court of Appeals of Ohio, Fifth District, Ashland

April 3, 2017

STATE OF OHIO, Plaintiff-Appellee
v.
MATTHEW N. PRICE, Defendant-Appellant

         Criminal appeal from the Ashland County Court of Common Pleas, Case No.15-CRI-196.

          For Plaintiff-Appellee CHRISTOPHER BALLARD ASHLAND COUNTY PROSECUTOR CHRISTOPHER TUNNELL ASSISTANT PROSECUTOR

          For Defendant-Appellant KENNETH LEWIS

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Gwin, P.J.

         {¶1} Appellant Matthew N. Price ["Price"] appeals his convictions and sentences after a negotiated guilty plea in the Ashland County Court of Common Pleas to four counts of child endangering.

         Facts and Procedural History

         {¶2} On July 22, 2016, Price entered pleas of guilty to four counts of Endangering Children, in violation of R.C. 2919.22(B)(1) - (B)(4), three of the counts were felonies of the second degree, and one count was a felony of the third degree.

         {¶3} As part of the plea agreement, the state agreed to leave sentencing to the discretion of the trial court. The parties agreed that the counts would merge for sentencing purposes.

         {¶4} Sentencing was held on September 9, 2016, with the state electing to proceed on count four, Endangering Children in violation of R.C. 2919.22(B)(2), a felony of the second degree. The trial court sentenced Price to five years of imprisonment and a $5, 000.00 fine, minus 315 days of local jail-credit and any further time pending his delivery to the Ohio Department of Rehabilitation and Corrections for placement.

         Assignment of Error

         {¶5} Price raises one assignment of error, {¶6} "I. THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION IN SENTENCING THE APPELLANT TOO HARSHLY".

         Law and Analysis

         {¶7} In his sole assignment of error, Price argues that the sentence imposed by the trial court is contrary to law under R.C. 2953.08(A)(4) because the ...


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