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State v. Williams

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 5, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
TIMOTHY WILLIAMS DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-612045-A

          ATTORNEY FOR APPELLANT Judith M. Kowalski

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Hannah Smith Assistant County Prosecutor

          BEFORE: Boyle, J., E.A. Gallagher, A.J., and Keough, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, JUDGE.

         {¶1} Defendant-appellant, Timothy Williams, appeals his sentence. He raises three assignments of error for our review:

1. The trial court erred by not granting appellant any jail-time credit and in not making any finding of jail-time credit when imposing sentenced [sic] in this case.
2. The trial court erred to the prejudice of this appellant by sentencing him to eight years in prison on the charge of felonious assault, as said prison term is excessive and constitutes an abuse of discretion.
3. The trial court erred to the prejudice of the appellant by failing to consider his youth in imposing sentence.

         {¶2} We find merit to Williams's first assignment of error. Thus, we affirm the judgment of the trial court but remand for the court to calculate jail-time credit.

         I. Procedural History and Factual Background

         {¶3} In April 2016, Williams shot his friend multiple times in the chest "at point-blank range" after the two got into an argument. The victim spent over one month in the hospital and did not start walking until December 2016. Williams was originally indicted for this shooting in June 2016. In December 2016, however, he was reindicted in Cuyahoga C.P. No. CR-16-612045 on three counts: one count of attempted murder in violation of R.C. 2923.02 and 2903.029(A), a first-degree felony, and two counts of felonious assault in violation of R.C. 2903.11(A)(1) and (2), second-degree felonies. All of the counts carried one- and three-year firearm specifications.

         {¶4} In March 2017, Williams withdrew his former plea of not guilty and pleaded guilty to an amended indictment of one count of felonious assault in violation of R.C. 2903.11(A)(1), a second-degree felony, with a one-year firearm specification. The remaining charges were nolled.

         {¶5} Williams's plea deal in CR-16-612045 was also "packaged" with a plea deal in a separate case, Cuyahoga C.P. No. CR-16-607108, where Williams pleaded guilty to a fifth-degree felony drug possession in violation of R.C. 2925.11(A). This charge arose out of events that occurred in June 2016.

         {¶6} When Williams was originally indicted for the shooting, which was in June 2016, he was also on supervision in another case, Cuyahoga C.P. No. CR-16-602800. In this case, he pleaded guilty in May 2016 to drug trafficking and possessing criminal tools and was placed on one year of supervision for intervention in lieu of conviction.

         {¶7} The trial court held a joint sentencing hearing on all three cases. In CR-16-612045, it sentenced Williams to one year in prison for the firearm specification to be served prior to and consecutive to seven years for felonious assault, for a total of eight years in prison. In CR-16-607108, it sentenced him to one year for drug possession to be served concurrent to the eight years in CR-16-612045, and it terminated his supervision in CR-16-602800. The trial court also notified Williams that he would be subject to a mandatory five years of postrelease control upon his release from prison in CR-16-612045 and up to three ...


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