Court of Appeals of Ohio, Sixth District, Sandusky
Court No. 18CR211
Timothy Braun, Sandusky County Prosecuting Attorney, and
Joseph H. Gerber, Assistant Prosecuting Attorney, for
Alex Smith, for appellant.
DECISION AND JUDGMENT
1} Appellant, Charles Martin, appeals from the
judgment of the Sandusky County Court of Common Pleas,
convicting him, following a guilty plea, of one count of
possession of cocaine, a felony of the second degree. For the
reasons that follow, we affirm.
Facts and Procedural Background
2} On June 19, 2018, appellant was indicted on one
count of trafficking in cocaine and one count of possession
of cocaine, both felonies of the first degree. Appellant
pleaded guilty to an amended count one of the indictment for
possession of cocaine, a felony of the second degree, in
violation of R.C. 2925.11(A) and (C)(4)(d).
3} At the plea agreement and sentencing hearing,
appellant testified to having crashed into a building after
leaving a bar. Officers broke into the car to remove
appellant, who suffered a broken skull and elbow. Officers
found 86 grams of cocaine on the driver's side of the
floorboard of the vehicle.
4} The state agreed to dismiss the trafficking count
and appellant pleaded guilty to the amended count one,
possession of cocaine, a felony of the second degree. The
case proceeded immediately to sentencing and appellant waived
a presentence investigation, as appellant wished to move his
case along. The state recommended a two-year sentence, which
is the minimum sentencing requirement for the charge.
Appellant's prior criminal history showed he was
convicted of drug trafficking, a felony of the fourth degree,
and served a prison term of seven months before judicial
release in 2002. Appellant also had a misdemeanor offense of
domestic menacing in 2017.
5} After addressing appellant and informing him of
his rights and the effect of the guilty plea, the court
accepted the plea and found appellant guilty. Appellant was
sentenced to a prison term of three years, with credit given
for 30 days served. The court reasoned that appellant is a
repeat offender and, therefore, would not receive the minimum
two-year sentence because of appellant's prior drug
conviction. A fine of $2, 500 was imposed, and
appellant's driving privileges were to be suspended for
five years upon release from the mandatory prison term.
Assignments of Error
6} Appellant has timely appealed the trial
court's June 19, 2018 judgment of conviction, and now
asserts two assignments of error for our review:
1. The trial court abused its discretion when it imposed a
sentence without considering the sentencing factors under
R.C. 2929.11 and 2929.12.
2. The defendant's plea was not made knowingly and
voluntarily when he was not advised of a potential ...