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State v. Maxwell

Court of Appeals of Ohio, Tenth District

June 4, 2019

State of Ohio, Plaintiff-Appellee,
v.
Robert H. Maxwell, Defendant-Appellant.

          APPEAL from the Franklin County C.P.C. No. 17CR-2728 Court of Common Pleas

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Kimberly M. Bond, for appellee.

          Law Offices of Mark J. Miller, LLC, and Mark J. Miller, for appellant.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 1} Defendant-appellant, Robert H. Maxwell, appeals from a judgment entry of the Franklin County Court of Common Pleas finding him guilty, pursuant to guilty plea, of one count of felonious assault. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} By indictment filed May 18, 2017, plaintiff-appellee, State of Ohio, charged Maxwell with one count of felonious assault in violation of R.C. 2903.11, a second-degree felony. The charges related to Maxwell's assault of his wife in front of a grocery store. After initially entering a plea of not guilty, Maxwell entered a guilty plea on January 23, 2018. At the plea hearing, the state entered the facts into the record and stated Maxwell punched his wife in the face two times with a closed fist, causing his wife to suffer extensive physical injuries. The trial court ordered a presentence investigation and scheduled a sentencing hearing.

         {¶ 3} At the April 12, 2018 sentencing hearing, the trial court stated it had reviewed several letters from the victim's family and friends as well as a letter from the victim, who did not appear at the hearing. Following the hearing, the trial court sentenced Maxwell to five years in prison and informed him he would be placed on post-release control for up to three years. The trial court journalized Maxwell's conviction and sentence in an April 12, 2018 judgment entry. Maxwell timely appeals.

         II. Assignments of Error

         {¶ 4} Maxwell assigns the following errors for our review:

[1.] The Appellant's felony sentence is not supported by the record and is contrary to law, as the trial court did not fully consider the factors contained in R.C. 2929.12 and improperly imposed post-release control.
[2.] The trial court committed reversible error by considering victim-impact statements at the Appellant's sentencing.

         III. First Assignment ...


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