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State v. Schoenholz

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 20, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
RICHARD SCHOENHOLZ, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-18-626593-A

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Denise J. Salerno, Assistant Prosecuting Attorney, for appellee.

          Thomas A Rein, for appellant.

          JOURNAL ENTRY AND OPINION

          RAYMOND C. HEADEN, JUDGE.

         {¶ 1} Defendant-appellant Richard Schoenholz ("Schoenholz") appeals his sentence following a guilty plea. For the reasons that follow, we affirm and remand for further proceedings.

         Procedural and Substantive History

         {¶ 2} This appeal stems from Schoenholz's sentence in three separate cases. The identifying numbers of the three cases are Cuyahoga C.P. No. CR-18-626470-A, Cuyahoga C.P. No. CR-18-626593-A, and Cuyahoga C.P. No. CR-18-629131-A. In connection with CR-18-626470-A, on March 9, 2018, the Cuyahoga County Grand Jury indicted Schoenholz on two counts of drug possession in violation of R.C. 2925.11(A) with further specifications alleging that Schoenholz had previously been convicted of a drug abuse offense.

         {¶ 3} On March 19, 2018, in CR-18-626593-A, the Cuyahoga County Grand Jury indicted Schoenholz on one count of aggravated burglary in violation of R.C. 2911.11(A)(1), one count of aggravated robbery in violation of RC. 2911.01(A)(1), one count of aggravated robbery in violation of R.C. 2911.01(A)(3), one count of felonious assault in violation of R.C. 2903.11(A)(1), one count of felonious assault in violation of R.C. 2903.11(A)(2), and one count of domestic violence in violation of R.C. 2919.25(A). These charges resulted from an incident in which Schoenholz attacked his grandfather with a vase, resulting in serious injuries.

         {¶ 4} Finally, on June 26, 2018, the grand jury indicted Schoenholz on one count of burglary, in violation of RC. 2911.12(A)(3), in CR-18-629131-A. This charge arose from an incident that occurred while Schoenholz was in jail. He told another inmate that his grandfather's house was vacant, and the inmate then sent another individual to the house to burgle it.

         {¶ 5} All three cases were resolved with a plea agreement. On August 2, 2018, Schoenholz pleaded guilty to one count of drug possession as charged, one count of aggravated burglary as charged, one count of felonious assault as charged, one count of domestic violence as charged, and one amended count of breaking and entering.

         {¶ 6} The court referred Schoenholz to the probation department for preparation of a presentence investigation report. On August 30, 2018, the court held a sentencing hearing. The court heard from two of Schoenholz's relatives, including his grandfather, who had been the victim of the felonious assault and burglary. Schoenholz's aunt asked the court to impose the maximum sentence. She also described how Schoenholz had impacted their entire family. The court also heard from the prosecutor, defense counsel, and Schoenholz. The court commented on the nature of Schoenholz's crimes and stated that it considered the record, the statements made at sentencing, the PSI, and the plea negotiations. The court sentenced Schoenholz to a term of 12 months on the breaking and entering, 10 years on the aggravated burglary, four years on the felonious assault, six months on the domestic violence, and 12 months on the drug possession. The court made the requisite findings to impose consecutive sentences and ordered that the sentences for each of the three cases be served consecutively for a total of 15 years. After a brief sidebar with the prosecutor and defense counsel, the court amended the sentence and ordered all that all counts run concurrent, for a total sentence of 10 years. The court also stated that it was going to waive court costs and declined to impose any fines.

         {¶ 7} The sentencing journal entry reflected the 10-year sentence outlined above, but it also stated that the court "hereby enters judgment against the defendant in an amount equal to the costs of this prosecution."

         {¶ 8} Schoenholz appeals, presenting two assignments of error for our review.

         Law ...


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