from Logan County Common Pleas Court Trial Court No. CR 17 02
Samantha L. Berkhofer for Appellant
A. Walsh for Appellee
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.
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).
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.).
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).
Dildine timely filed a notice of appeal, raising the
following assignment of error.
THE TRIAL COURT ERRED BY FAILING TO PROPERLY FOLLOW THE
SENTENCING CRITERIA SET FORTH IN OHIO REVISED CODE 2929
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.