Court of Appeals of Ohio, Fifth District, Licking
OF PROCEEDING: Appeal from the Court of Common Pleas, Case
No. 15 CR 00792
Plaintiff-Appellee JENNA E. JOSEPH
Defendant-Appellant STEVEN P. BILLING
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin,
J. Hon. Earle E. Wise, Jr., 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.
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
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
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 ...