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State v. Williamson

Court of Appeals of Ohio, Seventh District, Belmont

December 22, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
BRIAN LEWIS WILLIAMSON, II DEFENDANT-APPELLANT

         Criminal Appeal from the Court of Common Pleas of Belmont County, Ohio Case No. 16 CR 43

          For Plaintiff-Appellee: Atty. Daniel P. Fry Belmont County Prosecutor Atty. Kevin Flanagan Assistant Prosecuting Attorney

          For Defendant-Appellant: Atty. John M. Jurco

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

          OPINION

          WAITE, J.

         {¶1} Appellant Brian L. Williamson appeals an April 25, 2016 Belmont County Common Pleas Court judgment entry. Appellant argues that the trial court improperly sentenced him to maximum and consecutive sentences. For the reasons provided, Appellant's arguments regarding the trial court's imposition of maximum sentences is without merit. However, the court failed to make the requisite R.C. 2929.14(C)(4) findings before imposing consecutive sentences. Accordingly, Appellant's convictions are affirmed. Appellant's sentence is affirmed in part and vacated in part. The matter is remanded for the limited purpose of addressing consecutive sentences.

         Factual and Procedural History

         {¶2} Appellant was arrested after he sold prescription drugs to a confidential informant. On January 5, 2016, Appellant was indicted on two counts of trafficking drugs, a felony of the fifth degree in violation of R.C. 2925.03(A), (C)(2)(a). Appellant and the state entered into a Crim.R. 11 plea agreement and Appellant agreed to plead guilty to both counts as charged. On April 11, 2016, the trial court conducted a plea hearing and accepted his plea.

         {¶3} On April 25, 2016, the trial court sentenced Appellant to twelve months of incarceration per count to run consecutively, for an aggregate total of twenty-four months. The court also suspended his driver's license for one year and ordered him to pay $105 in restitution. The trial court credited Appellant with 69 days of jail time served. Appellant solely appeals his sentence.

         ASSIGNMENT OF ERROR

         THE TRIAL COURT ERRED IN SENTENCING THE APPELLANT TO MAXIMUM CONSECUTIVE SENTENCES.

         {¶4} Appellant challenges the maximum and consecutive nature of his sentence. He argues that the trial court improperly sentenced him to maximum sentences when the court acknowledged that none of the R.C. 2929.12(B) factors applied. Additionally, he argues that he was "solicited and enticed" to sell drugs by the informant and possibly has an entrapment defense. The state did not file a response brief.

         {¶5} An appellate court is permitted to review a felony sentence to determine if it is contrary to law. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 23. Further, "an appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing evidence that the record does not support the sentence." Id.

         {¶6} When determining a sentence, a trial court must consider the purposes and principles of sentencing in accordance with R.C. 2929.11, the seriousness and recidivism factors within R.C. 2929.12, ...


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