Court No. 2016-CR-119
J. Baxter, Erie County Prosecuting Attorney, and Jonathan M.
McGookey, Assistant Prosecuting Attorney, for appellee.
Timothy Young, Ohio Public Defender, and Charlyn Bohland,
Assistant State Public Defender, for appellant.
DECISION AND JUDGMENT
1} Appellant, K.W., Jr., appeals his sentence from
the August 5, 2016 judgment of the Erie County Court of
Common Pleas, in which he was sentenced to two concurrent
prison terms of seven years for felonious assault in
violation of R.C. 2903.11(A)(1), and for participating in a
criminal gang in violation of R.C. 2923.42(A), both felonies
of the second degree. Finding no error, we affirm.
2} Appellant sets forth the following assignment of
1) The trial court erred when it sentenced K.W., Jr. to seven
years in prison for felonious assault and participating in a
criminal gang, because that sentence is not supported by the
record in this case, in violation of R.C. 2953.08(G) and
3} Appellant was charged with aggravated robbery,
felonious assault, and two charges of attempted murder, all
with specifications of participating in a criminal gang.
Appellant was also charged under R.C. 2923.42(A), for
participating in a criminal gang.
4} These charges stemmed from an incident that
occurred at a motel when appellant was 15 years old.
Appellant and his then 19-year-old friend assaulted the
victim, another minor, after a party. The victim suffered
serious injuries, including a broken jaw that required
5} Based on police reports, appellant and his
co-defendant were members of the Savage Gang. The reports
stated appellant and his co-defendant performed what they
called "savage calls, " which were assaults on
individuals to "toughen them up." They also bragged
about performing other crimes as participants in the gang.
After the assault and while the victim was in the hospital,
appellant rode his bike through the hospital parking lot
saying, "How does it feel?"
6} Following his arrest, appellant expressed remorse
for his actions and a desire to change. His mother even
testified to how his time in the detention center matured him
and changed him. She stated how he was no longer "the
trouble making thug" his criminal record reflected.
Appellant has never before been charged with a felony, though
he does have a juvenile record that stretches dating back to
7} During the hearing held for a motion to transfer
pursuant to Ohio Juv.R. 30 to determine if appellant agreed
to have his case bound over to the Erie County Court of
Common Pleas, appellant agreed to be tried as an adult.
There, he pled guilty to felonious assault and participating
in a criminal ...