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State v. Clay

Court of Appeals of Ohio, Third District, Logan

June 24, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
AUDRIC CLAY, DEFENDANT-APPELLANT. STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
AUDRIC CLAY, DEFENDANT-APPELLANT.

          Appeals from Logan County Common Pleas Court Trial Court Nos. CR 18 01 0002 and CR 18 02 0027

          Eric J. Allen for Appellant

          David A. Walsh, Jr. for Appellee

          OPINION

          ZIMMERMAN, P.J.

         {¶1} Defendant-appellant, Audric D. Clay ("Clay"), appeals the October 8, 2018 judgment entries of sentence of the Logan County Court of Common Pleas. We affirm.

         {¶2} On January 9, 2018, the Logan County Grand Jury indicted Clay in case number CR18-01-0002 on two counts of trafficking in cocaine in violation of R.C. 2925.03(A)(1), both fifth-degree felonies. (Case No. CR18-01-0002, Doc. No. 2). Clay appeared for arraignment on February 12, 2018 and entered pleas of not guilty. (Case No. CR18-01-0002, Doc. Nos. 11, 12).

         {¶3} Clay was subsequently indicted in case number CR18-02-0027 on April 10, 2018 on five counts. Count One of possession of cocaine in violation of R.C. 2925.11(A), (C)(4)(a), a fifth-degree felony; Count Two of having weapons under disability in violation of R.C. 2923.13(A)(3), (B), a third-degree felony; Count Three of improperly handling firearms in a motor vehicle in violation of R.C. 2923.16(B), (I), a fifth-degree felony; Count Four of tampering with evidence in violation of R.C. 2921.12(A)(1), (B), a third-degree felony; and Count Five of illegal use of drug paraphernalia in violation of R.C. 2925.14(C)(1), (F)(1), a fourth-degree misdemeanor. (Case No. CR18-02-0027, Doc. No. 4). On April 13, 2018, Clay appeared for arraignment in case number CR18-02-0027 and entered pleas of not guilty. (Case No. CR18-02-0027, Doc. No. 13).

         {¶4} On August 31, 2018, Clay withdrew his pleas of not guilty and entered guilty pleas, under a negotiated plea agreement, to both counts in case number CR18-01-0002 and to Count One in case number CR18-02-0027. (Case No. CR18-01-0002, Doc. No. 48); (Case No. CR18-02-0027, Doc. No. 34). In exchange for his change of pleas, the State agreed to dismiss Counts Two, Three, Four, and Five in case number CR18-02-0027. (Id.); (Id.). The trial court accepted Clay's guilty pleas, found him guilty, dismissed Counts Two, Three, Four, and Five in case number CR18-02-0027, and ordered a presentence investigation ("PSI"). (Id.); (Id.).

         {¶5} On October 8, 2018, the trial court sentenced Clay to 12 months in prison on both counts, respectively, in case number CR18-01-0002 and ordered that Clay serve the terms consecutively. (Case No. CR18-01-0002, Doc. No. 51). The trial court also sentenced Clay to 12 months in prison on Count One in case number CR18-02-0027, ordering that term to be served consecutively to the consecutive terms imposed in case number CR18-01-0002 for an aggregate prison term of 36 months. (Case No. CR18-02-0027, Doc. No. 37).

         {¶6} On October 15, 2018, Clay filed a notice of appeal in both cases, which we consolidated for purposes of appeal. (Case No. CR18-01-0002, Doc. No. 61); (Case No. CR18-02-0027, Doc. No. 47). He raises one assignment of error for our review.

         Assignment of Error

         The trial court erred by imposing a sentence unsupported by the record per O.R.C. § 2929.14.

         {¶7} In his assignment of error, Clay argues that the trial court erred by imposing the maximum term of imprisonment. In particular, he argues that the record does not support the trial court's sentences.

         Standard ...


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