Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-18-630301-A
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and James D. May, Assistant Prosecuting Attorney,
P. Parker, for appellant.
JOURNAL ENTRY AND OPINION
RAYMOND C. HEADEN, JUDGE.
1} Defendant-appellant Sandra Stih
("Stih") appeals from her sentence following a
guilty plea. For the reasons that follow, we affirm.
and Procedural History
2} On July 5, 2018, the Cuyahoga County Grand Jury
indicted Stih on three counts of aggravated theft, one count
of telecommunications fraud, five counts of money laundering,
and nine counts of forgery. This indictment was the result of
Stih's stealing from her employer, Alpha Tool & Mold,
Inc. ("Alpha"), over the period of several years.
In total, Stih's theft against Alpha was over $313, 000.
3} On October 1, 2018, the court held a group-plea
hearing. The court conducted a Crim.R. 11 colloquy and
informed Stih that she faced a sentence between two and eight
years in prison. Stih pleaded guilty to one count of
telecommunications fraud, in violation of R.C. 2913.05(A), a
felony of the second degree. The remaining 17 counts in the
indictment were nolled. The court referred Stih to the
probation department for the preparation of a presentence
investigation report ("PSI").
4} On November 1, 2018, the court held a sentencing
hearing. The court heard from defense counsel, several
representatives of Alpha, the prosecutor, and Stih. Defense
counsel noted that Stih had paid back approximately $14, 000
to Alpha and argued that this showed that she had accepted
responsibility, expressed remorse, and was a form of
restitution. The Alpha representatives testified that
Stih's actions financially crippled the company. Alpha is
a family-run company, and its owners resorted to exhausting
their personal lines of credit, and, in one case, obtaining a
second home mortgage to keep the business afloat. The
prosecutor recommended a sentence of four or five years to
the court. Stih expressed remorse for her conduct and stated
that she was receiving counseling. The court sentenced Stih
to six years in prison and three years of postrelease
5} Stih appealed her sentence, presenting one
assignment of error for our review.
6} On January 21, 2019, Stih filed a motion to
supplement the record with the PSI, and this court granted
7} In her sole assignment of error, Stih argues that
her sentence is contrary to law ...