Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case Nos. CR-17-613952-A and CR-17-615408-B
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Gregory M. Paul, Assistant Prosecuting
Attorney, for appellee.
H. Lawson, for appellant.
JOURNAL ENTRY AND OPINION
RAYMOND C. HEADEN, JUDGE.
1} Defendant-appellant Daeshawn Simmons
("Simmons") appeals from his sentence following a
guilty plea. For the reasons that follow, we affirm.
and Procedural History
2} This appeal stems from Simmons's sentence in
two separate cases. In connection with Cuyahoga C.P. No.
CR-17-613952-A, the Cuyahoga County Grand Jury indicted
Simmons on February 21, 2017, on two counts of breaking and
entering, five counts of theft, five counts of burglary, and
three counts of grand theft, resulting from multiple
different incidents. In connection with Cuyahoga C.P. No.
CR-17-615408-B, the Cuyahoga County Grand Jury indicted
Simmons on March 30, 2017, on one count of aggravated
robbery, together with one- and three-year firearm
3} Both indictments resulted from a series of
incidents that took place in Middleburg Heights from late
2016 through early 2017. Simmons broke into the homes and
garages of multiple different individuals and stole various
property, including credit cards and vehicles. The indictment
in CR-17-613952-A refers to seven different victims from
multiple incidents. Simmons also participated in an armed
robbery, resulting in the indictment in CR-17-615408-B.
4} On January 30, 2018, Simmons pleaded guilty to an
amended count of robbery in CR-17-615408-B with a one-year
firearm specification. He also pleaded guilty to three counts
of burglary and one count of breaking and entering in
CR-17-613952-A. The remaining counts and specification were
nolled. The state and Simmons agreed that the counts would
not merge for sentencing because each related to a different
victim. At defense counsel's request, the court referred
Simmons to the probation department for the preparation of a
presentence investigation report ("PSI") and to the
court psychiatric unit for the preparation of a mitigation
5} On February 28, 2018, the court held a sentencing
hearing. The court stated at the outset of the hearing that
it had reviewed the PSI, the mitigation of penalty report,
and a letter from Simmons. The court then heard from defense
counsel, Simmons, the prosecutor, and one of the victims. In
case number CR-17-613952-A, the court sentenced Simmons to
two years on each burglary count and one year on the breaking
and entering count to be served consecutively for a total of
seven years. In case number CR-17-615408-B, the court
sentenced Simmons to four years on the robbery count and one
year on the firearm specification to be served consecutively
for a total of five years. The court ordered that the
sentences for each case be served consecutively, for a total
aggregate sentence of 12 years.
6} Simmons appeals his sentence, presenting one
assignment of error for our review.
7} In his sole assignment of error, Simmons argues
that the trial court erred by imposing consecutive sentences
without articulating the ...