Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Martin

Court of Appeals of Ohio, Sixth District, Sandusky

June 28, 2019

State of Ohio Appellee
v.
Charles L. Martin Appellant

          Trial Court No. 18CR211

          Timothy Braun, Sandusky County Prosecuting Attorney, and Joseph H. Gerber, Assistant Prosecuting Attorney, for appellee.

          W. Alex Smith, for appellant.

          DECISION AND JUDGMENT

          PIETRYKOWSKI, J.

         {¶ 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.

         I. 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.

         II. 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.