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State v. Dildine

Court of Appeals of Ohio, Third District, Logan

May 7, 2018

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
LISLE D. DILDINE, DEFENDANT-APPELLANT.

          Appeal from Logan County Common Pleas Court Trial Court No. CR 17 02 0026

         APPEARANCES:

          Samantha L. Berkhofer for Appellant

          David A. Walsh for Appellee

          OPINION

          ZIMMERMAN, J.

         {¶1} Defendant-appellant, Lisle Dildine ("Dildine"), appeals the September 28, 2017 judgment entry of the Logan County Common Pleas Court sentencing him to fifty-four months in prison. On appeal, Dildine argues that the trial court failed to follow the sentencing criteria set forth in Ohio Revised Code Chapter 2929. For the reasons set forth below, we affirm the judgment of the trial court.

         {¶2} On April 11, 2017, Dildine was indicted on four criminal charges in Logan County: Count One, Theft of Drugs, in violation of R.C. 2913.02(A)(1), a felony of the fourth degree; Count Two, Aggravated Possession of Drugs, in violation of R.C. 2925.11(A), a felony of the fifth degree; Count Three, Aggravated Possession of Drugs, in violation of R.C. 2929.11(A), a felony of the third degree; and Count Four, Possession of Drugs, in violation of R.C. 2911.11(A), a misdemeanor of the first degree. (Doc. 4).

         {¶3} At his arraignment on April 14, 2017, Dildine entered a plea of not guilty on all charges. (Doc. 10). However, on August 28, 2017, Dildine changed his pleas to two of the four charges at a change of plea hearing in the trial court. At that hearing, Dildine acknowledged executing a Petition to Enter a Guilty or No Contest Plea, which was admitted into evidence (Exhibit A), and entered pleas of guilty to Counts One and Three of the indictment. (Doc. 25). After Dildine pled, the State moved to dismiss Counts Two and Four. The trial court accepted Dildine's guilty pleas and ordered a Pre-Sentence Investigation. (Id.).

         {¶4} A sentencing hearing was held in the trial court on September 28, 2017 wherein Dildine was sentenced to eighteen months in prison on Count One and thirty-six months in prison on Count Three. The trial court ordered the prison terms to be served consecutively, for an aggregate sentence of fifty-four months. (Doc. 27).

         {¶5} Dildine timely filed a notice of appeal, raising the following assignment of error.

         ASSIGNMENT OF ERROR

         WHETHER THE TRIAL COURT ERRED BY FAILING TO PROPERLY FOLLOW THE SENTENCING CRITERIA SET FORTH IN OHIO REVISED CODE 2929

         {¶6} In his sole assignment of error, Dildine argues that the trial court erred in sentencing him to maximum consecutive prison terms. Specifically, he contends that the trial court did not sufficiently indicate which factors it considered, under Chapter 2929, when handing down its sentences.

         Standard ...


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