Court of Appeals of Ohio, Seventh District, Belmont
Appeal from Court of Common Pleas of Belmont County, Ohio
Case No. 16 CR 52
Defendant-Appellant Attorney Peter Galyardt Assistant Public
Plaintiff-Appellee No brief filed
Gene Donofrio Hon. Cheryl L. Waite Hon. Mary DeGenaro, Judge.
Defendant-appellant, Antonio Knott, appeals the Belmont
County Court of Common Plea's decision to sentence him to
three years of incarceration.
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.
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.
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
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.
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.
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.
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 ...