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State v. K.W.

Court of Appeals of Ohio, Sixth District, Erie

June 16, 2017

State of Ohio Appellee
v.
K.W., Jr. Appellant

         Trial Court No. 2016-CR-119

          Kevin 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

          SINGER, J.

         {¶ 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.

         Assignment of Error

         {¶ 2} Appellant sets forth the following assignment of error:

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 2929.11(A).

         Facts

         {¶ 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 surgery.

         {¶ 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 2011.

         {¶ 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 ...


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