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State v. Taylor

Court of Appeals of Ohio, Fifth District, Richland

December 11, 2017

STATE OF OHIO Plaintiff-Appellee
v.
LACARIO TAYLOR Defendant-Appellant

         Criminal appeal from the Richland County Court of Common Pleas, Case No. 2016CR0240R

          For Plaintiff-Appellee GARY BISHOP Prosecuting Attorney

          For Defendant-Appellant JEFFREY P. UHRICH

          Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

          OPINION

          Gwin, P.J.

         {¶1} Appellant, Lacario Taylor ["Taylor] appeals from the trial court's sentencing following a finding by the trial court that he violated the terms of his community control.

         Facts and Procedural History

         {¶2} On October 5, 2016, Taylor was convicted of two counts of having weapons under disability and sentenced to community control. Taylor signed documents indicating that he understood the rules and conditions of community control.

         {¶3} On February 7, 2017, a Notice of Hearing/Probation Violation was filed with the court. On March 1, 2017, the trial court conducted a hearing pertaining to the alleged community control violations. Officer Daniel Myers, a probation officer with Richland County Adult Services, testified on behalf of the State of Ohio. Myers testified that Taylor violated his community control when he missed office visits, was not staying at his listed residence, and violated curfew. On the week of January 16, 2017, Taylor left his residence and went to Columbus without the permission of his probation officer. Taylor's probation officer found text message conversations on Taylor's phone related to drugs and firearms as well as a picture of what his probation officer believed to be drugs.

         {¶4} The trial court found Taylor to have violated the terms and conditions of his community control. The trial court then imposed a maximum sentence of 36 months in prison.

         Assignment of Error

         {¶5} Taylor raises one assignment of error, {¶6} "I. WHETHER THE TRIAL COURT ERRED IN IMPOSING A MAXIMUM PRISON SENTENCE OF THIRTY-SIX MONTHS FOR A FELONY OF THE THIRD DEGREE."

         Law and Analysis

         {¶7} In accordance with R.C. 2953.08(A)(1), Taylor is entitled to appeal as of right the maximum sentence imposed on his conviction.

         {¶8} We review felony sentences using the standard of review set forth in R.C. 2953.08. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231');">59 N.E.3d 1231, ¶22; State v. Howell, 5th Dist. Stark No. 2015CA00004, 2015-Ohio-4049, ¶31. R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court's findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law. See, also, State v. Bonnell, 140 Ohio St.3d 209, 2014-Ohio-3177, 16 N.E.2d 659, ¶28.

         {¶9} Accordingly, pursuant to Marcum this Court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that: (1) the record does not support the trial court's findings under ...


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