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State v. Stubbs

Court of Appeals of Ohio, Sixth District, Sandusky

June 28, 2019

State of Ohio Appellee
v.
Houston Stubbs Appellant

          Trial Court No. 18 CR 636

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

          Karin L. Coble, for appellant.

          DECISION AND JUDGMENT

          MAYLE, J.

         I. Introduction

         {¶ 1} In this accelerated appeal, defendant-appellant, Houston Stubbs, appeals the November 29, 2018 judgment of the Sandusky County Court of Common Pleas convicting him of three drug trafficking offenses and sentencing him to consecutive terms of imprisonment for an aggregate term of 48 months with costs. For the following reasons we affirm in part and reverse in part.

         A. Facts and Procedural Background

         {¶ 2} On June 18, 2018, Houston Stubbs was indicted for three offenses related to trafficking in cocaine: (1) a violation of R.C. 2925.03(A)(1) and (C)(4)(a), a felony of the fifth degree, (2) a violation of R.C. 2925.03(A)(1) and (C)(4)(c), a felony of the fourth degree, and (3) a violation of R.C. 2925.03(A)(1) and (C)(4)(d), a felony of the third degree. The charges were the result of three separate transactions whereupon Stubbs sold increasing amounts of cocaine to confidential informants between August 23, 2016, and February 23, 2017.

         {¶ 3} On October 2, 2018, Stubbs entered a plea of guilty to all counts of the indictment with an agreement that there would be a presentence investigation. On November 28, 2018, subsequent to a presentence investigation report, the trial court sentenced Stubbs to 12 months imprisonment on Count 1, 12 months imprisonment on Count 2, and 36 months imprisonment on Count 3. The court ordered that Counts 1 and 2 be served concurrently to each other, and that together they be served consecutively to Count 3. The result was a sentence totaling 48 months in prison as well as an order to pay the costs of prosecution and the cost of his appointed counsel, all of which was journalized in a sentencing entry on November 29, 2018.

          B. Assignments of Error

         {¶ 4} On appeal Stubbs puts forth two assignments of error:

Assignment of Error One: The trial court erred in imposing a consecutive sentence without making statutorily required findings either at the sentencing hearing or in the judgment entry. Also, even if such findings were made, the findings are not supported by the record.
Assignment of Error Two: The trial court failed to impose costs at the sentencing hearing in violation of Crim.R. 43 and failed to find appellant had the ability to pay costs, rending [sic] the imposition of costs invalid.

         {¶ 5} We will consider each of these ...


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