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State v. Anderson

Court of Appeals of Ohio, Eleventh District, Lake

May 7, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
JOSEPH R. ANDERSON, Defendant-Appellant.

          Criminal Appeals from the Lake County Court of Common Pleas, Case Nos. 2017 CR 000193 and 2016 CR 000589.

          Charles E. Coulson, Lake County Prosecutor, Karen A. Sheppert, Assistant Prosecutor, and Kelsey R. Lutz, Assistant Prosecutor, Lake County Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).

          Charles R. Grieshammer, Lake County Public Defender, and Vanessa R. Clapp, Assistant Public Defender, 125 East Erie Street, Painesville, OH 44077 (For Defendant-Appellant).

          OPINION

          THOMAS R. WRIGHT, P. JUDGE.

         {¶1} Appellant, Joseph R. Anderson, appeals his convictions and sentences after pleading guilty in two separate Lake County Court of Common Pleas cases. He challenges the length of his sentences and the court's imposition of two, one-year prison terms for his post-release control violations on a 2006 felonious assault. We affirm in part, reverse in part, and remand.

         {¶2} In case number 2016-CR-589, his 2016 case, Anderson pleaded guilty to two counts of attempted felonious assault, third-degree felonies in violation of R.C. 2923.02 and 2903.11(A)(1). These charges arose from a bar fight during which Anderson assaulted several individuals. One of the victims suffered a concussion and bruised ribs, and another victim sustained a fractured right forearm and cuts to his face.

         {¶3} In case number 2017-CR-193, his 2017 case, Anderson pleaded guilty to felonious assault, a second-degree felony in violation of R.C. 2903.11(A)(1). The charge in this case arose following Anderson's assault of his friend, Keith Hamilton, who had been staying with Anderson and his girlfriend. Anderson believed Hamilton stole $200 from Anderson's girlfriend's purse, so Anderson attacked him when he returned to their shared residence. Hamilton was in intensive care for two days, suffered facial and orbital fractures, and needed reconstructive facial surgery from his injuries.

         {¶4} Anderson was serving a single term of post-release control for his 2006 felonious assault conviction at the time he committed these 2016 and 2017 offenses.

         {¶5} Following a consolidated sentencing hearing, the trial court issued separate sentencing entries. Anderson was sentenced to a total of 16 years, comprised of two, 36-month prison terms for the two attempted felonious assault charges stemming from the bar fight in his 2016 case to run consecutive to eight years in his 2017 case for the felonious assault of Hamilton to run consecutive to a one-year term for Anderson's post-release control violation on his 2006 felonious assault, based on his convictions in his 2016 case, and another one-year prison term for his post-release control violation on his 2006 felonious assault, based on his conviction in his 2017 case.

         {¶6} Anderson's first of two assigned errors asserts:

         {¶7} "The trial court's imposition of two judicial sanction prison terms is contrary to law."

         {¶8} We review alleged sentencing errors under R.C. 2953.08(G)(2), which states in part:

         {¶9} "The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court.

         {¶10} "The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any ...


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