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State v. Mason

Court of Appeals of Ohio, Fifth District, Coshocton

March 21, 2018

STATE OF OHIO Plaintiff-Appellee
v.
TRAVIS E. MASON Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 2017-CR-0049

          For Plaintiff-Appellee JASON W. GIVEN.

          For Defendant-Appellant JEFFREY A. MULLEN.

          Hon. John W. Wise, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Travis E. Mason, appeals his November 15, 2017 sentence by the Court of Common Pleas of Coshocton County, Ohio. Plaintiff-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On May 25, 2017, the victim's stepfather checked on the victim's home as the victim was out of town. Upon entering the home, the stepfather observed a stranger lying on the sofa. The stepfather exited the home and called police. Appellant also exited the home and walked away. Police arrived on the scene and discovered appellant hiding in the woods. A search of appellant's person produced a checkbook belonging to the victim, a loaded magazine for a .45 caliber handgun, a baggie of crystal methamphetamine, hunting equipment, and two knives. Appellant admitted to being the stranger in the home. A .45 caliber handgun was missing from the home, but appellant denied taking it. A search of the woods the next day produced the missing firearm near where appellant had been apprehended. The firearm was loaded with one round in the chamber ready to fire. Appellant admitted to taking the firearm.

         {¶ 3} On June 23, 2017, the Coshocton County Grand Jury indicted appellant on one count of aggravated burglary with a one year firearm specification in violation of R.C. 2911.11 and 2941.141, one count of grand theft of a firearm in violation of R.C. 2913.02, two counts of theft in violation of R.C. 2913.02 (one a felony, one a misdemeanor), one count of aggravated possession of drugs in violation of R.C. 2925.11, one count of possessing criminal tools in violation of R.C. 2923.24, and one count of tampering with evidence in violation of R.C. 2921.12.

         {¶ 4} On October 16, 2017, appellant pled guilty pursuant to a plea agreement. Appellant pled guilty to the aggravated burglary count with the firearm specification, the grand theft count, the felony theft count, and the aggravated possession of drugs count. In exchange, appellee agreed to enter a nolle prosequi on the remaining counts and recommend a sentence of nine years on the aggravated burglary count plus one year for the firearm specification, with the other sentences to run concurrent for an aggregate term of ten years in prison.

         {¶ 5} A sentencing hearing was held on November 8, 2017. By judgment entry filed November, 15, 2017, the trial court sentenced appellant to eleven years (the maximum) on the aggravated burglary count plus one year for the firearm specification, and ran the remaining sentences concurrent for an aggregate term of twelve years in prison.

         {¶ 6} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 7} "THE TRIAL COURT ERRED IN IMPOSING THE MAXIMUM ...


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