Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Michael A. Partlow
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
Zachary M. Humphrey Assistant County Prosecutor Justice
Center, 9th Floor
Mays, P.J., Celebrezze, J., and Keough, J.
JOURNAL ENTRY AND OPINION
LASTER MAYS, PRESIDING JUDGE
Defendant-appellant Charles Taylor ("Taylor")
appeals his sentence and asks this court to vacate his
sentence and remand to the trial court for resentencing. We
Taylor pleaded guilty to one count of having weapons while
under disability, a third-degree felony, in violation of R.C.
2923.13(A)(3), which included a forfeiture specification; and
one count of aggravated menacing, a first- degree
misdemeanor, in violation of R.C. 2903.21(A). He was
sentenced to 24 months in prison.
On November 30, 2016, a 911 caller stated that while she was
walking to her apartment, a man pointed a gun at her from the
backseat of a Chevy Tahoe. When the police officers arrived,
they located the Chevy Tahoe and observed Taylor in the
backseat. The police officers observed a handgun in plain
view in the vehicle. Taylor admitted the gun was his and was
Before accepting Taylor's plea, the court engaged in a
full colloquy pursuant to Crim.R. 11. The court specifically
stated, "Mr. Taylor, you'll plead guilty to having
weapons under disability. That is a [third]-degree felony,
which carries with it the possibility of punishment of
between 9 months and 36 months, in various increments, and a
fine of up to $10, 000." (Tr. 11.) The court then asked
Taylor if he understood the penalties, to which Taylor stated
that he did.
In deciding Taylor's sentence, the court stated,
[t]he Court has considered the seriousness and recidivism
factors, and purposes and principles for sentencing statutes.
This is the second case where he has had a weapon under
disability. The Court is going to impose a 24-month prison