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State v. Reed

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 29, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
STACY SHEREE REED, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-18-625465-A

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Kevin E. Bringman, Assistant Prosecuting Attorney, for appellee.

          Myriam A Miranda, for appellant

          JOURNAL ENTRY AND OPINION

          MARY EILEEN KILBANE, ADMINISTRATIVE JUDGE.

         {¶ 1} Defendant-appellant, Stacy Sheree Reed ("Reed"), appeals her sentence for felonious assault and burglary. For the reasons set forth below, we affirm.

         {¶ 2} In March 2018, Reed was charged with one count each of aggravated burglary, attempted murder, and felonious assault. In October 2018, under a plea agreement with the state, Reed pled guilty to an amended charge of burglary, a third-degree felony, and to felonious assault, a second-degree felony. In exchange for the pleas, the state dismissed the charge of attempted murder. Reed agreed to have no contact with the victim and to pay restitution.

         {¶ 3} In December 2018, the trial court held a sentencing hearing. The prosecutor, defense counsel, the victim and her fiancée, and Reed, each addressed the court. The trial court sentenced Reed to an aggregate prison term of four years, comprised of concurrent terms of four years on the felonious assault charge and two years on the burglary charge.

         {¶ 4} Reed now appeals, assigning the following single error for review.

         Assignment of Error

         [Reed's] sentence is contrary to law and not supported by the record.

         {¶ 5} In her sole assignment of error, Reed argues her sentence was contrary to law and not supported by the record.

         {¶ 6} Our review of felony sentences is governed by R.C. 2953.08(G)(2). Pursuant to R.C. 2953.08(G)(2), "an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law." State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1. A sentence is contrary to law if (1) the sentence falls outside the statutory range for the particular degree of offense, or (2) the trial court failed to consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors in R.C. 2929.12. State v. Hinton, 8th Dist. Cuyahoga No. 102710, 2015-Ohio-4907, ¶ 10, citing State v. Smith, 8th Dist. Cuyahoga No. 100206, 2014-Ohio-1520, ¶ 13.

         {¶ 7} In the instant matter, Reed argues it is unclear whether the trial court considered the purposes and principles of sentencing under RC. 2929.11, because it failed to mention it in the sentencing entry.

         {¶ 8} R.C. 2929.11(A) establishes that the overriding purposes of felony sentencing are to protect the public from future crime by the offender and to punish the offender using the minimum sanctions that the court determines will accomplish those purposes. While sentencing courts have discretion to determine how best to comply with these purposes, RC. 2929.12 provides a list of factors that courts must consider in felony sentencing. Courts must carefully consider these purposes and factors, but "it is not necessary for the trial court to articulate its consideration of each individual factor as long as it is evident from the record that the principles of sentencing were ...


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