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State v. Ramsey

Court of Appeals of Ohio, Fifth District, Licking

June 19, 2017

STATE OF OHIO Plaintiff-Appellee
v.
NYSHAWN RAMSEY Defendant-Appellant

         CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 15 CR 00792

          For Plaintiff-Appellee JENNA E. JOSEPH

          For Defendant-Appellant STEVEN P. BILLING

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant Nyshawn Ramsey appeals the October 10, 2016 judgment of conviction and sentence of the Court of Common Pleas of Licking County, Ohio. Plaintiff-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} In September, 2015, appellant, then 17 years-old, and his co-defendant, Joshua Collins planned to invade appellant's father's home. Appellant believed they would find a large sum of cash inside.

         {¶ 3} On September 20, 2015, appellant and Collins broke into the home and encountered Dezjuana Hairston. Appellant put a gun to Hairston's head and Hairston fought appellant for the weapon. Appellant shot Hairston in the chest, but Hairston still managed to get control of the gun and fire at appellant and Collins. Hairston struck Collins and appellant fled the scene. Collins later died as a result of his injuries.

         {¶ 4} Following bindover proceedings in the juvenile court, the Licking County Grand Jury returned an indictment charging appellant with one count of murder in violation of R.C. 2903.02(B), an unclassified felony; attempted murder, in violation of R.C. 2923.02(A) and R.C. 2903.02(A), a felony of the first degree; and aggravated burglary, in violation of R.C. 2911.11(A)(1) and/or (2), a felony of the first degree. All three counts of the indictment included a gun specification.

         {¶ 5} Following his indictment, appellant entered into plea negotiations with the state. In exchange for the state's recommendation to amend the charge of murder to involuntary manslaughter and to dismiss the charge of attempted murder and two of the firearm specifications, appellant and the state jointly agreed to a sentencing range of between twelve and fifteen years. This agreement is outlined in a document titled "Admission of Guilt" filed with appellant's sentencing judgment entry on October 10, 2016. The document is signed by appellant, his counsel, and counsel for the state.

         {¶ 6} On October 10, 2016, appellant appeared at a plea hearing before the trial court. The state set forth on the record the terms of the negotiated plea agreement, and appellant lodged no objection. The trial court then sentenced appellant to five years incarceration for involuntary manslaughter, four years for aggravated burglary, and three years for the firearm specification. The trial court ordered appellant to serve the terms consecutively for an aggregate total of twelve years incarceration. Appellant did not object to the consecutive nature of his sentences.

         {¶ 7} Appellant filed an appeal, and the matter is now before this court for consideration. Appellant's ...


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