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State v. Bankston

Court of Appeals of Ohio, Sixth District, Ottawa

December 29, 2017

State of Ohio Appellee
v.
Marcus Bankston Appellant

          Trial Court No. 16 CR 086

          James J. VanEerten, Ottawa County Prosecuting Attorney, and Barbara Gallé Rivas, Assistant Prosecuting Attorney, for appellee.

          Russell V. Leffler, for appellant.

          DECISION AND JUDGMENT

          OSOWIK, J.

         {¶ 1} This is an appeal from a March 16, 2017 judgment of the Ottawa County Court of Common Pleas, sentencing appellant, Marcus Bankston, to an eight-year term of incarceration following his convictions on one amended count of attempted aggravated burglary, in violation of R.C. 2923.02(A), a felony of the second degree, and one count of felonious assault, in violation of R.C. 2903.11(A) (1), a felony of the second degree. For the reasons set forth below, this court affirms the judgment of the trial court.

         {¶ 2} Appellant, Marcus Bankston, sets forth the following two assignments of error:

I. THE COURT MISINFORMED THE DEFENDANT ABOUT SEVERAL THINGS AND FAILED TO EXPLAIN THERE WAS A PRESUMPTION IN FAVOR OF A PRISON SENTENCE AND IN THE CONTEXT OF THIS CASE THE ACCEPTANCE OF THE GUILTY PLEA FROM A RELUCTANT AND HESITANT DEFENDANT ON THESE CLAIMS MAKES THE PLEA INVOLUNTARY.
II. THE TWO COUNTS PLEAD TO IN THIS CASE WERE ALLIED OFFENSES OF SIMILAR IMPORT PURSUANT TO O.R.C. 2947.25.

         {¶ 3} The following undisputed facts are relevant to this appeal. On June 16, 2016, appellant, a married man from Toledo, arranged to meet in person with an online, out-of-town girlfriend. Appellant travelled from Toledo to his girlfriend's mother's home, located in Ottawa County. While at the home, his girlfriend's father entered the home, tensions flared, and a confrontation commenced.

         {¶ 4} As the confrontation escalated, a physical altercation ensued. Appellant struck the father over the head with great force utilizing a firearm to deliver the blow. As a result of the injuries inflicted upon the victim by appellant, the victim required emergency medical treatment, including a dozen staples necessary to repair a severe laceration of the victim's head.

         {¶ 5} On August 25, 2016, appellant was indicted on six felony offenses, including two counts of aggravated robbery, two counts aggravated burglary, and two counts of felonious assault. On January 19, 2017, appellant pled guilty to Count 4, as amended to the lesser offense of attempted aggravated burglary, and Count 5, felonious assault. In exchange, the remaining four felony charges were dismissed.

         {¶ 6} On March 16, 2017, the trial court sentenced appellant to two four-year terms of incarceration, one for each of the convictions, ordered to run consecutively, for a total term of incarceration of eight years.

         {¶ 7} In addition, the court ordered appellant to pay $1, 624.59 in restitution to the victim for medical expenses not covered by insurance. The court further ordered appellant to pay $3, 408.62 in restitution to his girlfriend's mother for damage caused to her property not covered by insurance. This appeal ensued.

         {¶ 8} In appellant's first assignment of error, he maintains that the court committed prejudicial error by allegedly prejudicially informing him about several aspects of the plea. Appellant maintains that as a result of the ...


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