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State v. Taylor

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 22, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
MICHAEL TAYLOR, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-17-623637-A

         JUDGMENT: AFFIRMED

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Debora Brewer, Assistant Prosecuting Attorney, for appellee.

          Law Office of Anna Markovich, and Anna Markovich, for appellant.

          JOURNAL ENTRY AND OPINION

          EILEEN T. GALLAGHER, PRESIDING JUDGE

         {¶ 1} Defendant-appellant, Michael Taylor, appeals from his sentence following a guilty plea. He raises the following assignment of error for review:

The maximum sentences for defendant's convictions are not supported by the record and contrary to law because in sentencing defendant the trial court failed to consider the purposes and principles of felony sentencing factors set forth in R.C. 2929.11 and the sentencing factors set forth in R.C. 2929.12.

         {¶ 2} After careful review of the record and relevant case law, we affirm.

         I. Procedural and Factual History

         {¶ 3} In December 2017, Taylor was named in a three-count indictment, charging him with endangering children in violation of R.C. 2919.22(B)(1); felonious assault in violation of R.C. 2903.11(A)(3); and endangering children in violation of R.C. 2919.22(A). Each count contained a repeat violent offender specification. The indictment stemmed from allegations that Taylor shook a 13-month-old child while babysitting the child.

         {¶ 4} In June 2018, Taylor pleaded guilty to felonious assault in violation of R.C. 2903.11(A)(3), and endangering children in violation of RC. 2919.22(A). In exchange for his plea, the state dismissed a single count of endangering children and the repeat violent offender specifications on all counts. The trial court accepted Taylor's guilty plea and referred him to the county probation department for a presentence investigation report.

         {¶5} A sentencing hearing was held in July 2018. The state sought imposition of the maximum prison sentencing based on the seriousness of Taylor's conduct and the substantial injuries suffered by the victim. The state expressed that, as a result of Taylor's conduct, the child is now blind, requires a feeding tube, cannot walk, and is nonverbal. The trial court also heard from the victim's mother, who described the extent of the victim's permanent injuries and the daily care that he now requires. Mother stated, in relevant part:

He is not even two and he can't walk and he can't eat and he can't see. He literally goes to bed and just stays there. He's like a newborn, he has no head control. He can't go for a long car ride, he can't go to the store. He literally can't do anything. When before he did everything, you know, he walked upstairs and he talked and wanted to eat, and now he's just not who he was when he was born, or when he was one. And he's never going to be again. The doctors basically say we're lucky to have him how he is right now and this is pretty much the most we're ever going to get out of him.

         {¶ 6} The trial court then heard from Taylor. Taylor accepted responsibility for his actions, expressed remorse, and referenced his problems with drugs and alcohol. The trial court then sentenced Taylor to eight years in prison on the felonious assault offense, to be served concurrently with a 36-month prison term on the endangering ...


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