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State v. Brown

Court of Appeals of Ohio, Seventh District, Mahoning

December 22, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
JEFFREY BROWN DEFENDANT-APPELLANT

         Criminal Appeal from the Court of Common Pleas of Mahoning County, Ohio Case No. 16 CR 476

          For Plaintiff-Appellee: Atty. Paul J. Gains Mahoning County Prosecutor Atty. Ralph M. Rivera Assistant Prosecuting Attorney

          For Defendant-Appellant: Atty. Joseph W. Gardner

          JUDGES: Hon. Cheryl L. Waite, Hon. Gene Donofrio, Hon. Mary DeGenaro

          OPINION

          WAITE, J.

         {¶1} 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 affirmed.

         Factual and Procedural History

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         ASSIGNMENT OF ERROR

         THE 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.)

         {¶5} Appellant presents two separate issues within his sole assignment of error. For ease of understanding, these issues will be separately addressed.

         Trial ...


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