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State v. McAndrew

Court of Appeals of Ohio, Fifth District, Ashland

December 11, 2017

STATE OF OHIO Plaintiff-Appellee
v.
CHRISTOPHER T. McANDREW Defendant-Appellant

         Criminal appeal from the Ashland County Court of Common Pleas, Case No.16-CRI-237

          For Plaintiff-Appellee CHRISTOPHER R. TUNNELL Prosecuting Attorney

          For Defendant-Appellant BRIAN A. SMITH

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

          OPINION

          GWIN, P.J.

         {¶1} Appellant Christopher T. McAndrew ["McAndrew"] appeals from the May 15, 2017 sentencing entry of the Ashland County Court of Common Pleas.

         Facts and Procedural History

         {¶2} On January 12, 2017, McAndrew was indicted on one count of abduction, a felony of the third degree in violation of R.C. 2905.02(A)(2) and one count of domestic violence, a felony of the fourth degree in violation of R.C. 2919.25(A).

         {¶3} On March 9, 2017, McAndrew pleaded guilty to the count of domestic violence contained in the indictment, in exchange for McAndrew's plea, the state moved to dismiss the abduction charge.

         {¶4} On May 15, 2017, the trial court sentenced McAndrew to six months' imprisonment on the domestic violence charge, and to a total of 1, 264 days imprisonment to run consecutively with McAndrew's sentence on the domestic violence charge. This represented the balance of McAndrew's remaining time on post-release control from an earlier case, Ashland County Court of Common Pleas case number 14-CRI-024.

         Assignment of Error

         {¶5} McAndrew raises one assignment of error, {¶6} "I. APPELLANTS SENTENCE WAS NOT SUPPORTED BY THE RECORD."

         Law and Analysis

         {¶7} When an offender pleads guilty to a new felony offense while on ...


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