Court of Appeals of Ohio, Fifth District, Ashland
from the Court of Common Pleas, Case No. 17-CRI-025
Plaintiff-Appellee COLE F. OBERLI VICTOR R. PEREZ
Defendant-Appellant RUTH R. FISCHBEIN-COHEN
JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon.
Earle E. Wise, Jr., J.
1} Defendant-Appellant, Christopher Luce, appeals his
December 27, 2018 resentence by the Court of Common Pleas of
Ashland County, Ohio. Plaintiff-Appellee is state of Ohio.
AND PROCEDURAL HISTORY
2} On March 9, 2017, the Ashland County Grand Jury indicted
appellant on one count of involuntary manslaughter in
violation of R.C. 2903.04, one count of corrupting another
with drugs in violation of R.C. 2925.02, two counts of
aggravated trafficking in drugs in violation of R.C. 2925.03,
two counts of aggravated possession of drugs in violation of
R.C. 2925.11, two counts of possessing drug abuse instruments
in violation of R.C. 2925.12(A), one count of illegal use or
possession of drug paraphernalia in violation of R.C.
2925.14(C)(1), one count of illegal use or possession of
marijuana drug paraphernalia in violation of R.C. 2925.141,
and one count of possession of drugs in violation of R.C.
3} On August 1, 2017, appellant pled guilty to three of the
counts: one of the aggravated possession of drugs counts, one
of the possessing drug abuse instruments counts, and the
possession of drugs count. A jury trial then commenced on the
remaining eight counts. The jury found appellant guilty on
all tried counts. The trial court merged the involuntary
manslaughter and corrupting another with drugs convictions.
The state elected to have appellant sentenced on the
involuntary manslaughter conviction. By judgment entry filed
October 3, 2017, the trial court sentenced appellant to an
aggregate term of ten years in prison, with the ten year
prison term for the involuntary manslaughter conviction being
4} Appellant appealed his convictions and sentence. By
opinion and judgment entry filed October 31, 2018, this court
affirmed in part, vacated in part, and remanded the matter
for resentencing, finding the trial court erred in
pronouncing the ten year term on the involuntary manslaughter
conviction to be mandatory. State v. Luce, 5th Dist.
Ashland No. 17-COA-037, 2018-Ohio-4409. The trial court was
ordered to resentence appellant on that count only. A
resentencing hearing was held on December 27, 2018. By
judgment entry filed same date, the trial court resentenced
appellant to the original term of ten years, without the
5} Appellant filed an appeal and this matter is now before
this court for consideration. Assignment of error is as
6} "THE TRIAL COURT ERRED TO CHRISTOPHER LUCE'S
DETRIMENT WHEN IN THE SENTENCING FINDINGS, IT DID NOT INCLUDE
FACTORS UNDER R.C. 2929.12, WHICH WERE SUPPORTED BY THE