Court of Appeals of Ohio, Eighth District, Cuyahoga
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.
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.
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
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.