from the Franklin County Court of Common Pleas (C.P.C. No.
brief: Ron O'Brien, Prosecuting Attorney, and Sheryl L.
Prichard, for appellee.
brief: The Law Office of Thomas F Hayes, LLC, and Thomas F.
Hayes, for appellant.
1} Defendant-appellant, Leon M. Alexander, appeals
from the judgment entry of the Franklin County Court of
Common Pleas finding appellant guilty of aggravated burglary
with a repeat violent offender ("RVO")
specification, attempted kidnapping with a sexual motivation
specification, possessing criminal tools, aggravated robbery,
and felonious assault and sentencing him to a total of 21
years incarceration. For the following reasons, we affirm the
judgment of the trial court.
FACTS AND PROCEDURAL HISTORY
2} On October 3, 2016, appellant entered a plea of
guilty to one count of aggravated burglary, in violation of
R.C. 2911.11, with an RVO specification pursuant to R.C.
2941.149(A), a first-degree felony, one count of attempted
kidnapping, in violation of R.C. 2923.02, as it relates to
R.C. 2905.01, with sexual motivation specification pursuant
to R.C. 2941.147(A), a second-degree felony, one count of
possessing criminal tools, in violation of R.C. 2923.24, a
fifth-degree felony, one count of aggravated robbery, in
violation of R.C. 2911.01, a first-degree felony, and one
count of felonious assault, in violation of R.C. 2903.11, a
second-degree felony. The trial court accepted
appellant's plea, ordered a nolle prosequi on the
remaining attempted rape count and several additional
specifications, and ordered a pre-sentencing investigation
3} On October 27, 2017, the trial court held a
sentencing hearing. During the hearing, the prosecution asked
for consecutive sentences and noted both that the victim in
this case was an 89-year-old woman and that appellant held a
criminal record of serious offenses. The victim addressed the
court, stating that appellant invaded her home at 4:00 a.m.
in the morning, wrapped a clothes line around her hands and
throat, and when she said she did not have any money, beat
her, took her clothes off, removed his own clothes, got a box
knife from her kitchen, and told her he was going to rape her
and cut her throat. The police, responding to a
neighbor's call, apprehended appellant. The victim stated
that as a result of the crimes, she was hospitalized,
required nursing care and physical therapy, is still learning
to walk again, and endures pain and nightmares.
4} The trial court discussed appellant's
substantial criminal history whereby appellant "spent
more than half of [his] adult lifetime victimizing several
senior citizens, all female, by breaking into their homes on
* * * at least three separate occasions and threatening their
lives" to feed his drug habit. (Sentencing Tr. at 29.)
The trial court then proceeded to sentence appellant to 11
years on the aggravated burglary count, 10 years on the
associated RVO specification, 7 years on the attempted
kidnapping count, 11 months on the possessing criminal tools
count, 10 years on the aggravated robbery count, and 6 years
on the felonious assault count. The trial court specified
that the maximum sentence was being imposed on the aggravated
burglary count because appellant "committed the worst
form of the offense and [appellant], clearly based upon [his]
record, pose[s] a great likelihood of committing future
crimes." (Sentencing Tr. at 32.)
5} After confirming with appellee that sentencing on
the RVO specification was mandatory consecutive time that did
not require "consecutive language" at the hearing,
the trial court ran the aggravated burglary sentence
consecutive to the RVO specification sentence; defense
counsel did not object. (Sentencing Tr. at 32.) The trial
court ran the remaining sentences concurrently to each other
and the aggravated burglary and RVO specification to arrive
at an aggregate sentence of 21 years incarceration. The
judgment entry memorializing the sentence states that the
trial court considered the purposes and principles of
sentencing set forth in R.C. 2929.11, the factors set forth
in R.C. 2929.12, and weighed the applicable provisions of
R.C. 2929.13 and 2929.14. Appellant filed a timely appeal to
ASSIGNMENT OF ERROR
6} Appellant presents one assignment of error:
The trial court erred to the prejudice of Appellant by
improperly ordering him to serve consecutive sentences that
contravene Ohio's sentencing statutes and principles and
violate his due process rights.