Court of Appeals of Ohio, Sixth District, Sandusky
Court No. 18CR565
Timothy Braun, Sandusky County Prosecuting Attorney, and Mark
E. Mulligan, Assistant Prosecuting Attorney, for appellee.
Christopher M. Marcinko, for appellant.
DECISION AND JUDGMENT
1} Defendant-appellant, Wilfred Haralson, appeals
the August 31, 2018 judgment of the Sandusky County Court of
Common Pleas which, following appellant's guilty plea to
three fifth-degree felonies, sentenced him to a total of 30
months of imprisonment. For the reasons that follow, we
2} On May 22, 2018, appellant was indicted on six,
fifth-degree felony counts: three counts of trafficking in
heroin, two counts of trafficking in cocaine, and one count
of aggravated possession of drugs. The charges followed
appellant's arrest after multiple drug transactions
involving a confidential informant.
3} On July 10, 2018, appellant entered a guilty plea
to two counts of trafficking in cocaine and one count of
trafficking in heroin, fifth-degree felonies. Appellant's
sentencing hearing was held on August 29, 2018. The trial
court sentenced appellant to ten months in prison on each of
the three counts to be served consecutively. The court also
imposed a fine of $1, 500 on each count. The court's
sentencing judgment entry was journalized on August 31, 2018,
and this appeal followed.
4} Appellant now raises the following assignment of
Assignment of Error One: Whether the trial court's
sentence given to the defendant was an abuse of the
Court's sentencing discretion and disproportionate to the
seriousness of the Defendant's conduct.
5} We note that this court reviews felony sentences
under the two-prong approach set forth in R.C. 2953.08(G)(2).
R.C. 2953.08(G)(2) provides that an appellate court may
increase, reduce, modify, or vacate and remand a disputed
sentence if it clearly and convincingly finds either of the
(a)That the record does not support the sentencing
court's findings under division (B) or (D) of section
2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or
division (I) of section 2929.20 of the Revised Code,
whichever, if any, is relevant;
(b)That the sentence is otherwise contrary to law.
6} On the date of sentencing, the prison terms for a
fifth-degree felony ranged from 6 to 12 months. R.C.
2929.14(A)(5). R.C. 2929.13(B)(1)(b) provides, in relevant
(b) The court has discretion to impose a prison term upon an
offender who is convicted of or pleads guilty to a felony of
the fourth or fifth degree that is not an offense of violence
or that is a qualifying ...