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State v. O'Grady

Court of Appeals of Ohio, Sixth District, Sandusky

June 23, 2017

State of Ohio Appellee
v.
Jason M. O'Grady Appellant

         Trial Court No. 2014CR0983

          Timothy F. Braun, Sandusky County Prosecuting Attorney, for appellee.

          Christopher M. Marcinko, for appellant.

          DECISION AND JUDGMENT

          PIETRYKOWSKI, J.

         {¶ 1} Appellant, Jason O'Grady, appeals from the June 9, 2016 judgment of the Sandusky County Court of Common Pleas convicting him of aggravated vehicular homicide, a violation of R.C. 2903.06(A)(1) and a felony of the second degree, following acceptance of his guilty plea, and sentencing him to a mandatory eight-year term of imprisonment and a mandatory Class 1 Ohio driver's license suspension for life.

         {¶ 2} Pursuant to the guidelines set forth in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellant's court-appointed counsel has filed an appellate brief and motion to withdraw as counsel. He mailed a copy of the brief and motion to appellant and informed him that he had a right to file his own brief, but he did not do so.

         {¶ 3} Appellant's counsel states in his motion that he thoroughly reviewed the record in this case and concluded that the trial court did not commit any error prejudicial to appellant. However, in compliance with the requirements of Anders, appellant's counsel has submitted a brief setting forth two potential assignments of error:

POTENTIAL ASSIGNMENT OF ERROR ONE
Whether the trial court's sentence of the defendant was an abuse of the Court's sentencing discretion.
POTENTIAL ASSIGNMENT OF ERROR TWO
Whether the trial court erred by accepting appellant's plea despite several responses from the Defendant during the hearing which may lead to questions about Defendant's intentions in entering his plea.

         {¶ 4} Appellant's appointed counsel has included arguments which support these assignments of error, but concludes that they are unsupported by the record and/or by the law. Therefore, he concludes that an appeal would be frivolous. We have reviewed the entire lower court's proceedings and have determined that there is no merit to the errors alleged by appellant's appointed counsel.

         {¶ 5} Our standard of review of a sentencing judgment is whether there is clear and convincing evidence in the record to support the findings of the court made under R.C. 2929.13(B)(2)(e), 2929.14(C)(14), or 2929.20(I) and whether the sentence is contrary to law. R.C. 2953.08(G)(2).

         {¶ 6} Courts have broad discretion to impose any sentence that falls within the statutory guidelines. State v. Marcum,146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 13, citing State v. Foster,109 Ohio St.3d 1, 100, 2006-Ohio-856, 845 N.E.2d 470. In this case, the trial court was required by law to sentence appellant for a violation of R.C. 2908.06(A), a second-degree felony, to a mandatory prison term (R.C. 2908.06(B)(2)(a)) ...


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