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State v. Goudy

Court of Appeals of Ohio, Ninth District, Wayne

August 21, 2017

STATE OF OHIO Appellee
v.
JUSTIN GOUDY Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE WAYNE COUNTY MUNICIPAL COURT COUNTY OF WAYNE, OHIO CASE No. 2014 TR-C 010420

          APPEARANCES: THOMAS M. DICAUDO and BENJAMIN R. SORBER, Attorneys at Law, for Appellant.

          DANIEL R. LUTZ, Prosecuting Attorney, and NATHAN R. SHAKER, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR Judge.

         {¶1} Defendant-Appellant Justin Goudy appeals from the judgment of the Wayne County Municipal Court. This Court affirms.

         I.

         {¶2} On December 20, 2014, Goudy was stopped by the Ohio State Highway Patrol. The trooper noted an odor of alcohol coming from the vehicle and Goudy admitted to consuming a couple of beers. Goudy exhibited several clues on field sobriety tests and was arrested. Goudy refused to submit to a breath test; however, a blood test was obtained. The blood test results indicated that Goudy's blood alcohol concentration was .240.

         {¶3} Goudy was charged with violating RC. 4511.19(A)(1)(a), RC. 4511.19(A)(1)(f), RC. 4511.19(A)(2), RC. 4511.25, and RC. 4511.12. Ultimately, Goudy entered a no contest plea to violating R.C. 4511.19(A)(1)(a) (driving under the influence of alcohol) and RC. 4511.19(A)(1)(f) (high blood alcohol concentration). The remaining charges were dismissed. The trial court sentenced Goudy to two years of community control. With respect to the violation of R.C. 4511.19(A)(1)(f), the trial court imposed a 30-day jail sentence. Of the 30 days, 10 were mandatory, and the remaining 20 days could be served by electronically monitored house arrest. Three of the mandatory 10 ten day could be served by attending a 72-hour treatment program. Additionally, 6 points were assessed to Goudy's license, he was fined $800, and his license was suspended for 3 years.

         {¶4} Goudy has appealed, raising two assignments of error for our review.

         II.

         ASSIGNMENT OF ERROR I

         THE TRIAL COURT ERRED IN FINDING MR. GOUDY'S PRIOR TENNESSEE CONVICTION WAS AN EQUIVALENT OFFENSE TO R.C. [] 4511.19 WHEN IT SENTENCED MR. GOUDY.

         {¶5} Goudy argues in his first assignment of error that the trial court found his prior conviction to be a substantially equivalent offense for purposes of sentencing and that Goudy received harsher penalties because of it. Essentially, Goudy argues that he was not sentenced as a first time offender, and instead was sentenced based upon former R.C. 4511.19(G)(1)(b). In asserting that he was subjected to increased penalties, he points to his 10-day mandatory jail sentence. We do not agree.

         {¶6} "A trial court generally has discretion in misdemeanor sentencing." State v. Woody, 9th Dist. Lorain No. 14CA010679, 2016-Ohio-631, ¶ 15, citing State v. Schneider, 9th Dist. Wayne No. 09CA0026, 2009-Ohio-6025, ¶ 6. "'Unless a sentence is contrary to law, we review challenges to misdemeanor sentencing for an abuse of discretion.'" Woody at ¶ 15, quoting Schneider at ΒΆ 6. An abuse of discretion indicates that the trial court was ...


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