Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Fetterolf

Court of Appeals of Ohio, Eleventh District, Trumbull

June 25, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
MATTHEW T. FETTEROLF, Defendant-Appellant.

          Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2017 CR 00131.

          Dennis Watkins, Trumbull County Prosecutor, and Michael A. Burnett and Ashleigh Musick, Assistant Prosecutors, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH 44481 (For Plaintiff-Appellee).

          Michael A. Partlow, 112 South Water Street, Suite C, Kent, OH 44240 (For Defendant-Appellant).

          OPINION

          COLLEEN MARY O'TOOLE, J.

         {¶1} Appellant, Matthew T. Fetterolf, appeals from the October 26, 2017 judgment of the Trumbull County Court of Common Pleas, sentencing him to two years in prison for burglary following a guilty plea. On appeal, appellant takes issue with his sentence. Finding no reversible error, we affirm.

         {¶2} On or about February 6, 2017, appellant entered a Newton Falls residence by force and committed a theft offense while the victim was home.

         {¶3} On March 29, 2017, appellant was indicted by the Trumbull County Grand Jury on three counts: count one, aggravated burglary, a felony of the first degree, in violation of R.C. 2911.11(A)(1) and (B); count two, assault, a misdemeanor of the first degree, in violation of R.C. 2903.13(A) and (C)(1); and count three, disrupting public services, a felony of the fourth degree, in violation of R.C. 2909.04(A)(1) and (C). Appellant pleaded not guilty at his arraignment and, through counsel, waived his right to a speedy trial.

         {¶4} On August 31, 2017, appellant withdrew his not guilty plea and entered a written plea of guilty to an amended count one, burglary, a felony of the second degree, in violation of R.C. 2911.12(A)(1) and (C). The trial court accepted appellant's guilty plea, dismissed the remaining charges, and referred the matter to the Adult Probation Department for a presentence investigation and report.[1]

         {¶5} On October 26, 2017, the trial court sentenced appellant to two years in prison. The court granted appellant credit for time served, February 7, 2017 to February 16, 2017 and October 19, 2017 to October 26, 2017. The court notified appellant that post release control is mandatory for three years. Appellant filed a timely appeal and raises the following assignment of error:

         {¶6} "The trial court erred by sentencing appellant to a term of 24 months incarceration as the record does not support such a sentence."

         {¶7} In his sole assignment of error, appellant argues the trial court erred by imposing a two-year prison sentence instead of community control.

          {¶8} "'(T)his court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals.' State v. Hettmansperger, 11th Dist. Ashtabula No. 2014-A-0006, 2014-Ohio-4306, ¶14. R.C. 2953.08(G) provides, in pertinent part:

         {¶9} "(2) 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.