Court Nos. CRI-2015-0765 CRI-2016-0063
J. Sitterly, Huron County Prosecuting Attorney, for appellee.
J. Longo, Huron County Public Defender, for appellant.
DECISION AND JUDGMENT
1} Appellant, Ronald Ruff, appeals the judgment of
the Huron County Court of Common Pleas, sentencing him to 28
months in prison following his guilty plea to one count of
possession of cocaine and one count of aggravated assault.
Facts and Procedural Background
2} On November 6, 2015, appellant was indicted for
one count of possession of cocaine in violation of R.C.
2925.11(A) and (C)(4)(a), a felony of the fifth degree, one
count of possession of weapons while under a disability in
violation of R.C. 2923.13(A)(3), a felony of the third
degree, and one count of receiving stolen property in
violation of R.C. 2913.51(A) and (C), a felony of the fourth
degree. The charges all resulted from an incident that
occurred on October 1, 2015.
3} On February 19, 2016, appellant was indicted in a
separate case on one count of felonious assault in violation
of R.C. 2903.11(A)(1), a felony of the second degree. This
charge stemmed from a fight that occurred on January 14,
2016, involving appellant and his cousin.
4} After initially entering pleas of not guilty to
all counts, appellant appeared before the trial court on May
3, 2016, and pled guilty to one count of possession of
cocaine in violation of R.C. 2925.11(A) and (C)(4)(a), a
felony of the fifth degree, and to an amended count of
aggravated assault in violation of R.C. 2903.12(A)(1), a
felony of the fourth degree. Pursuant to the plea agreement,
the two remaining charges were dismissed.
5} On June 30, 2016, the trial court sentenced
appellant to 11 months in prison for the cocaine possession
count and 17 months in prison for the aggravated assault
count, and ordered the sentences to be served consecutively.
At the sentencing hearing, the court stated that consecutive
sentences were necessary to protect the public from future
crimes and effectively punish appellant. The court noted that
the assault victim's skull fracture was a significant
injury and the drug offense was committed while on bond
awaiting trial for another offense. Based on these
considerations, as well as appellant's criminal history,
the court found that the consecutive sentences were not
disproportionate to appellant's conduct and the danger he
posed to the public.
6} Subsequent to the trial court's imposition of
sentence, appellant filed a timely notice of appeal on August
Assignment of Error
7} On appeal, appellant ...