Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No. 17 CR
Plaintiff-Appellee HAWKEN FLANAGAN Assistant Prosecuting
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.
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 THE FACTS AND CASE
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.
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.
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.
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.
Appellant prosecutes her appeal from this May 22, 2017
judgment of the court, assigning as error:
"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."
Appellant argues the record does not support imposition ...