Court of Appeals of Ohio, Seventh District, Mahoning
Appeal from the Court of Common Pleas of Mahoning County,
Ohio Case No. 16 CR 476
Plaintiff-Appellee: Atty. Paul J. Gains Mahoning County
Prosecutor Atty. Ralph M. Rivera Assistant Prosecuting
Defendant-Appellant: Atty. Joseph W. Gardner
JUDGES: Hon. Cheryl L. Waite, Hon. Gene Donofrio, Hon. Mary
Appellant Jeffrey Brown appeals a September 14, 2016 Mahoning
County judgment entry finding him guilty of having weapons
while under a disability. Appellant contends the trial court
failed to consider his mental condition when sentencing him.
Additionally, Appellant argues that his trial counsel was
ineffective for failing to investigate his mental illness.
For the reasons provided, Appellant's arguments are
without merit and the judgment of the trial court is
and Procedural History
On April 10, 2016, Appellant was arrested for possessing a
loaded firearm. On June 2, 2016, Appellant was indicted on
one count of having weapons while under a disability, a
felony of the third degree in violation of R.C.
2923.13(A)(2), (B), one count of improperly handling a
firearm in a motor vehicle, a felony of the fourth degree in
violation of R.C. 2923.16(B), (I), (2), and one count of
resisting arrest, a misdemeanor of the first degree in
violation of R.C. 2921(A), (D). The indictment contains a
clerical error as there is no subsection (2) in R.C.
2923.16(I). However, this error does not change the nature or
level of the offense.
On August 2, 2016, Appellant pleaded guilty pursuant to a
Crim.R. 11 plea agreement. Appellant entered a guilty plea to
the charge of having weapons while under a disability and the
state agreed to dismiss the remaining counts. The parties
jointly recommended a sentence of twelve months of
incarceration, however on September 14, 2016, the trial court
sentenced Appellant to thirty-six months of incarceration.
The court credited Appellant with thirty-five days of jail
time served. The court also imposed a nonmandatory three year
term of postrelease control. This timely appeal followed.
We note that Appellant was arrested and charged with a
similar offense in case number 16 CR 1021 while awaiting
sentencing in this matter. Appellant filed a motion to
supplement the record in the instant case with matters
pertaining to 16 CR 1021. We denied Appellant's motion.
TRIAL COURT ERRED IN SENTENCING THE DEFENDANT-APPELLANT TO
THREE YEARS, THE MANDATORY MAXIMUM, WITHOUT CONSIDERING
DEFENDANT-APPELLANT'S MENTAL HEALTH ISSUES. (SENTENCING
T. P. 4.)
Appellant presents two separate issues within his sole
assignment of error. For ease of understanding, these issues
will be separately addressed.