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State v. Knott

Court of Appeals of Ohio, Seventh District, Belmont

December 18, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
ANTONIO DWAYNE KNOTT, DEFENDANT-APPELLANT.

         Criminal Appeal from Court of Common Pleas of Belmont County, Ohio Case No. 16 CR 52

          For Defendant-Appellant Attorney Peter Galyardt Assistant Public Defender.

         For Plaintiff-Appellee No brief filed

          Hon. Gene Donofrio Hon. Cheryl L. Waite Hon. Mary DeGenaro, Judge.

          OPINION

          DONOFRIO, J.

         {¶1} Defendant-appellant, Antonio Knott, appeals the Belmont County Court of Common Plea's decision to sentence him to three years of incarceration.

         {¶2} Appellant was indicted on one count of trafficking heroin in violation of R.C. 2925.03(A)(2)(C)(6)(e), a felony of the first degree, and on one count of possession of heroin in violation of R.C. 2925.11(A)(C)(6)(d), a felony of the second degree. Pursuant to a plea agreement, appellant's trafficking heroin charge was dismissed and appellant's possession of heroin charge was amended to a possession of heroin charge in violation of R.C. 2925.11(A)(C)(6)(c), a felony of the third degree. Appellant pled guilty to the amended charge. At the conclusion of the change of plea hearing, the trial court ordered a presentence report to be completed prior to the sentencing hearing.

         {¶3} Relevant to this appeal, the presentence report contains appellant's entire criminal record. Appellant had been convicted of multiple driving under suspension charges, multiple traffic offenses, multiple drug related offenses, two contempt of court charges, and a felony non-support of dependents charge. The most severe charges appellant has been convicted of were aggravated theft and burglary. Appellant's criminal record begins on October 8, 2004 and continued until the disposition of the case at bar. Despite this criminal record, the risk assessment labeled appellant's final risk level as "moderate" and the final assessment/recommendation was that appellant should receive community supervision.

         {¶4} The presentence report was submitted to the trial court for appellant's sentencing hearing. At the sentencing hearing, plaintiff-appellee, the State of Ohio, stated that it "[stood] by the presentence investigation." Additionally, appellant's counsel at the sentencing hearing asked the trial court to consider appellant's behavioral health issues which lead to appellant's homelessness for approximately three to four years which, he contended, led to several of his past criminal charges. At the end of the sentencing hearing, after consulting Ohio law, principals and factors for sentencing, reviewing the immediate file, and reviewing the presentence report, the trial court sentenced appellant to three years of incarceration with 53 days of credit for time served. This was the maximum penalty appellant could have received for his convicted offense.

         {¶5} On November 8, 2016, the trial court submitted its journal entry memorializing appellant's sentence. Appellant timely filed his notice of appeal on November 21, 2016. Appellant now raises one assignment of error.

         {¶6} Appellant's sole assignment of error states:

ANTONIO KNOTT'S SENTENCE IS NOT SUPPORTED BY COMPETENT, CREDIBLE EVIDENCE IN THE RECORD. FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS, UNITED STATES CONSTITUTION; ARTICLE I, SECTIONS 10 AND 16, OHIO CONSTITUTION. R.C. 2953.08; R.C. 2929.11. PLEA TR. 3; SENTENCING TR. 6-8; PRESENTENCE INVESTIGATION REPORT; NOV. 8, 2016 JUDGMENT ENTRY.

         {¶7} Appellant raises multiple arguments challenging his sentence. Appellant argues that his sentence was not proportional to his conduct in his convicted offense, his sentence is contrary to the presentence report's recommendation, and his sentence is a clear burden on state government resources.

         {¶8} The state failed to timely file a brief in this appeal. As such, pursuant to App. R. 18(C), this Court may accept the appellant's statement of the facts and issues as correct and reverse the judgment if ...


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