Court of Appeals of Ohio, Eleventh District, Ashtabula
Appeal from the Ashtabula County Court of Common Pleas, Case
No. 2015 CR 00738.
Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley
M. Pratt For Plaintiff-Appellee.
P. Watson, For Defendant-Appellant.
R. WRIGHT, J.
Appellant, Bridgette Lynn Bentley, pleaded guilty to grand
theft and was sentenced to 15 months in prison to run
concurrent with her sentence in another case. She argues the
trial court should have imposed a community control sanction.
Bentley was indicted and charged with grand theft by the
Ashtabula County Grand Jury, case number 2015-CR-738, and
pleaded guilty in May of 2016. She was sentenced to 15 months
in prison to run concurrent with her sentence in case number
2015-CR-742, involving breaking and entering, a fourth degree
felony. This appeal is from her grand theft sentence and does
not encompass her conviction and sentence for breaking and
On the same date she pleaded guilty to grand theft, she also
pleaded guilty to breaking and entering. Bentley's plea
hearing and sentencing transcripts address both cases since
she entered guilty pleas in each case at the same hearing,
and the trial court imposed separate sentences at one
She raises one assigned error:
"The trial court erred and abused its discretion when it
did not impose a community control sentence when the
defendant was convicted of low-level non-violent offenses,
and the court made no findings under Revised Code of Ohio
We do not review criminal sentencing issues for an abuse of
discretion, but instead pursuant to R.C. 2953.08(G)(2):
"The court hearing an appeal under division (A), (B), or
(C) of this section shall review the record, including the
findings underlying the sentence or modification given by the
"The appellate court may increase, reduce, or otherwise
modify a sentence that is appealed under this section or may
vacate the sentence and remand the matter to the sentencing
court for resentencing. The appellate court's standard
for review is not whether the sentencing court abused its
discretion. The appellate court may take any action
authorized by this division if it clearly and convincingly
finds either of the following:
"(a) That the record does not support the sentencing
court's findings under division (B) or (D) of section
2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or
division (I) of section 2929.20 of the Revised Code,
whichever, if any, is relevant;
"(b) That the sentence is otherwise contrary ...