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State v. Hickey

Court of Appeals of Ohio, Fifth District, Licking

December 14, 2017

STATE OF OHIO Plaintiff-Appellee
v.
AUSTIN M. HICKEY Defendant-Appellant

         Appeal from the Licking County Court of Common Pleas, Case No. 17 CR 073

          For Plaintiff-Appellee HAWKEN FLANAGAN Assistant Prosecuting Attorney.

          For Defendant-Appellant STEPHEN T. WOLFE Wolfe Law Group, LLC.

          Judges: Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Hoffman, J.

         {¶1} Defendant-appellant Austin Hickey appeals the judgment entered by the Licking County Common Pleas Court convicting her of conspiracy to commit felonious assault (R.C. 2903.11(A)(2), 2923.01) and sentencing her to a term of incarceration of three years. Plaintiff-appellee is the state of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} During the overnight hours between January 31, 2017, and February 1, 2017, Appellant and the victim made plans to get together. Appellant picked the victim up and drove him to Everett Park in Newark, Ohio, where she parked near a shelter house at the back of the park.

         {¶3} After Appellant parked, Andrew Painter and Shadow Gibson approached the vehicle. Painter held a black handgun, and Gibson held an aluminum baseball bat. The victim opened the passenger door and ran toward the park entrance. Appellant chased him striking him with her car, throwing him through a fence. Gibson then caught up to him and began striking him with the baseball bat, punching him, and kicking him.

         {¶4} After Appellant, Gibson and Painter left the park, the victim made his way to a residence where law enforcement and emergency personnel responded. The victim suffered from numerous injuries, including a broken back and broken ribs.

         {¶5} Appellant was indicted with one count of felonious assault in violation of R.C. 2903.11, a felony of the second degree. On May 22, 2017, she withdrew her not guilty plea and entered a no contest plea to an amended charge of conspiracy to commit felonious assault, a third degree felony, in violation of R.C. 2923.01 and R.C. 2903.11. The same day the Licking County Common Pleas Court sentenced her to the maximum term of incarceration of three years.

         {¶6} Appellant prosecutes her appeal from this May 22, 2017 judgment of the court, assigning as error:

         {¶7} "THE TRIAL COURT ERRED AND IMPOSED A SENTENCE CONTRARY TO LAW WHEN IT ORDERED APPELLANT TO SERVE THREE YEARS OF INCARCERATION, THE MAXIMUM PRISON SENTENCE FOR A FELONY OF THE THIRD DEGREE."

         {¶8} Appellant argues the record does not support imposition ...


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