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State v. Luce

Court of Appeals of Ohio, Fifth District, Ashland

July 15, 2019

STATE OF OHIO Plaintiff-Appellee
v.
CHRISTOPHER LUCE Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 17-CRI-025

          For Plaintiff-Appellee COLE F. OBERLI VICTOR R. PEREZ

          For Defendant-Appellant RUTH R. FISCHBEIN-COHEN

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, 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.

         FACTS 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. 2925.11.

         {¶ 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 mandatory time.

         {¶ 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 mandatory language.

         {¶ 5} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 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 RECORD, ...


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