Court of Appeals of Ohio, Seventh District, Mahoning
Appeal from the Court of Common Pleas of Mahoning County,
Ohio Case No. 2013 CR 1002 A
Plaintiff-Appellee: Atty. Paul J. Gains Mahoning County
Prosecutor Atty. Ralph M. Rivera Assistant Prosecuting
Defendant-Appellant: Atty. John D. Falgiani, Jr.
JUDGES: Hon. Cheryl L. Waite Hon. Mary DeGenaro Hon. Carol
Appellant Stephanie McCourt appeals her sentence entered by
the Mahoning County Common Pleas Court on three counts of
burglary in violation of R.C. 2911.12(A)(2), (C), felonies of
the second degree. The sole issue raised on appeal is whether
the trial court erred in sentencing Appellant to a six-year
sentence. Based on the foregoing analysis, the trial court
did not err. Appellant's assignment of error is without
merit and the judgment of the trial court is affirmed.
and Procedural Background
The record before us does not contain specific details
regarding the underlying offenses, however, it reflects that
Appellant's convictions stem from a series of home
burglaries committed by Appellant and her brother. Appellant
drove the vehicle during these burglaries and her brother
broke into the homes and removed property.
On January 23, 2014, the Mahoning County Grand Jury indicted
Appellant on five counts of burglary in violation of R.C.
2911.12(A)(2), (C). All were felonies of the second degree.
Appellant was incarcerated at the time of the indictment for
offenses committed in another jurisdiction. The state filed
an amended disclosure of evidence and intent to use evidence
on October 16, 2014. This document outlined Appellant's
lengthy criminal record, including multiple felonies dating
back to 2007. Among her convictions were instances of
forgery, drug trafficking, and fleeing and eluding. In this
matter, Appellant ultimately entered a guilty plea on
February 13, 2015 to three counts of burglary in violation of
R.C. 2911.12(A)(2), (C). The state recommended a sentence of
two years of incarceration on each count, to run
concurrently, and agreed to remain silent on judicial release
after six months. Sentencing was set for April 10, 2015,
however, Appellant failed to appear. A warrant was issued
against her and her bond was revoked.
Once Appellant was apprehended, a sentencing hearing was held
on November 17, 2015. She was sentenced to six years in
prison on each count to be served concurrently, for a total
prison term of six years on all three counts. Appellant was
given 172 days of jail time credit. Her prison term was to be
followed by a mandatory period of postrelease control of
Appellant sent a pro se letter to the trial court on
April 15, 2016 asking the court to reconsider her sentence.
The letter was construed as a motion for judicial release and
denied in a judgment entry dated June 24, 2016.
On September 9, 2016, Appellant filed a pro se
notice of appeal. We granted Appellant's delayed appeal.
Appellant raises a single assignment of error.
TRIAL COURT FAILED TO ISSUE A SENTENCE THAT IS PROPORTIONAL
TO AND CONSISTENT WITH SENTENCES GIVEN FOR SIMILAR OFFENSES
BY SIMILAR OFFENDERS THEREBY DEPRIVING APPELLANT OF HER STATE
AND FEDERAL RIGHTS TO DUE PROCESS AND EQUAL PROTECTION AND