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State v. Taylor

Court of Appeals of Ohio, Eighth District, Cuyahoga

February 22, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
CHARLES TAYLOR DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-612123-A

          ATTORNEY FOR APPELLANT Michael A. Partlow

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor

          By: Zachary M. Humphrey Assistant County Prosecutor Justice Center, 9th Floor

          Laster Mays, P.J., Celebrezze, J., and Keough, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, PRESIDING JUDGE

         {¶1} 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 affirm.

         {¶2} 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.

         I. Facts

         {¶3} 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 arrested.

         {¶4} 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.

         {¶5} 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 ...

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