Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Sapper

Court of Appeals of Ohio, Ninth District, Summit

February 14, 2018

STATE OF OHIO Appellee
v.
CARL E. SAPPER Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2016-12-4271

          ANGELA M. KILLE, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          SCHAFER, Presiding Judge.

         {¶1} Defendant-Appellant, Carl Sapper, appeals the judgment of the Summit County Court of Common Pleas. For the reasons that follow, we affirm.

         I.

         {¶2} This matter arises from a hit/skip accident involving a pedestrian. The Barberton Police and the Barberton Fire Department were dispatched to the scene of the accident where they found the pedestrian, S.H, unconscious and not breathing. Emergency personnel began treatment and subsequently transported S.H. to the hospital. S.H. ultimately died from his injuries. Following a detailed investigation, the police located the vehicle involved in the hit/skip and identified Sapper as the driver.

         {¶3} The Summit County Grand Jury subsequently indicted Sapper for hit/skip, in violation of R.C. 4549.02, a felony of the third degree. Sapper ultimately pleaded guilty to the charges and after the completion of a presentence investigation and a victim impact statement, the trial court sentenced Sapper to a maximum term of three years imprisonment with three years of mandatory post release control and a three year driver's license suspension.

         {¶4} Sapper filed this timely appeal, raising one assignment of error for our review.

         II.

         Assignment of Error

         The trial court abused its discretion by imposing a maximum prison sentence.

         {¶5} In his sole assignment of error, Sapper contends that the trial court abused its discretion by imposing a maximum sentence. Specifically, Sapper argues that the trial court abused its discretion by failing to follow the recommendation contained in the presentence investigation report since he only had one prior felony conviction for non-support of dependents, three misdemeanors, a number of traffic offenses, was not under supervision at the time of the offense, and showed genuine remorse for his actions. We disagree.

         {¶6} In reviewing a felony sentence, "[t]he appellate court's standard for review is not whether the sentencing court abused its discretion." R.C. 2953.08(G)(2). "An appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence" that (1) "the record does not support the trial court's findings under relevant statutes, " or (2) "the sentence is otherwise contrary to law." State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ΒΆ 1. Clear and convincing evidence is that "which will produce in the mind of the trier of facts a firm belief or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.