Court of Appeals of Ohio, Fifth District, Coshocton
from the Court of Common Pleas, Case No. 2017-CR-0049
Plaintiff-Appellee JASON W. GIVEN.
Defendant-Appellant JEFFREY A. MULLEN.
John W. Wise, P.J. Hon. William B. Hoffman, J. Hon. Earle E.
Wise, Jr., 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.
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
7} "THE TRIAL COURT ERRED IN IMPOSING THE MAXIMUM