Court of Appeals of Ohio, First District, Hamilton
Criminal Appeal From: Hamilton County Court of Common Pleas
Trial No. B-1601029
Appealed From Is: Affirmed
T. Deters, Hamilton County Prosecuting Attorney, and Scott M.
Heenan, Assistant Prosecuting Attorney, for
Timothy McKenna, for Defendant-Appellant.
Plaintiff-appellant Allen Ward appeals his eight-year prison
sentence for felonious assault and his concurrent 36-month
prison sentence for endangering children. In one assignment
of error, Ward argues that the record does not support the
lengthy prison sentence imposed by the court. For the
following reasons, we affirm.
Background and Procedural Posture
Ward pleaded guilty to one count of felonious assault, a
felony of the second degree, and one count of endangering
children, a felony of the third degree. These charges arose
from Ward punching an approximately 18-month-old child in the
abdomen and forcing the child into a hot tub of water. The
child had broken bones, liver lacerations, and burns to his
The trial court sentenced Ward to the maximum eight years on
the felonious-assault count and the maximum 36 months on the
endangering-children count, to be served concurrently. Ward
appealed, and this court remanded his case for resentencing
because the trial court did not provide Ward with his right
of allocution. See State v. Ward, 1st Dist. Hamilton
No. C-170175, 2017-Ohio-8964, ¶ 6.
At Ward's resentencing, Ward's counsel reminded the
court of the expert testimony from the original sentencing,
which stated that Ward had a "very low IQ" and his
intellectual disability may have been a contributing factor
to the offenses. Counsel also noted that Ward did not have a
significant criminal record prior to this offense and the
child victim had fully recovered. Counsel requested an
aggregate sentence of four years.
Ward spoke on his own behalf at the resentencing, and said
that while he has been incarcerated he has not been idle even
though there were not many resources available. He asked for
mercy and said he was truly sorry and that the court would
not see him again.
The state requested that the court impose the same sentences,
which amounted to a total of eight years in prison.
Appellate courts review sentences under the standard of
review set forth in R.C. 2953.08(G)(2). An appellate court
may modify or vacate a felony sentence "only if it
'clearly and convincingly finds' that the record does
not support the mandatory sentencing findings, if any, or
that the sentence is 'otherwise contrary to
law.'" State v. Brown, 1st Dist. Hamilton
Nos. C-170713 and C-170714, 2019-Ohio-1455, ¶ 10, citing
R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio ...