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State v. Simmons

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 1, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
DAESHAWN SIMMONS, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-17-613952-A and CR-17-615408-B

         JUDGMENT: AFFIRMED

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Gregory M. Paul, Assistant Prosecuting Attorney, for appellee.

          John 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.

         Factual 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 specifications.

         {¶ 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 report.

         {¶ 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.

         Law and Analysis

         {¶ 7} In his sole assignment of error, Simmons argues that the trial court erred by imposing consecutive sentences without articulating the ...


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