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State v. Ruff

Court of Appeals of Ohio, Sixth District, Huron

June 16, 2017

State of Ohio Appellee
v.
Ronald D. Ruff Appellant

         Trial Court Nos. CRI-2015-0765 CRI-2016-0063

          James J. Sitterly, Huron County Prosecuting Attorney, for appellee.

          David J. Longo, Huron County Public Defender, for appellant.

          DECISION AND JUDGMENT

          JENSEN, P.J.

         I. Introduction

         {¶ 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.

         A. 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 8, 2016.

         B. Assignment of Error

         {¶ 7} On appeal, appellant ...


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