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State v. Salnave

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 29, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
OLIVER SALNAVE, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-18-632329-A and CR-18-632825-A

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

          Ruth R. Fischbein-Cohen, for appellant

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, PRESIDING JUDGE.

         {¶ 1} Oliver Salnave ("Salnave") appeals from the trial court's imposition of consecutive prison sentences in two felonious assault cases and assigns the following error for our review:

         I. It was error to sentence Oliver Salnave to a consecutive sentence when in fact he showed remorse.

         {¶ 2} Having reviewed the record and pertinent law, we affirm the trial court's judgment. The apposite facts follow.

         {¶ 3} On July 21, 2018, Salnave shot a juvenile in her home. On August 28, 2018, Salnave shot a second juvenile. Both victims suffered injuries from the shootings, and both victims survived.

         {¶ 4} On November 27, 2018, Salnave pled guilty to one count of felonious assault, a second-degree felony, with a three-year firearm specification in State v. Salnave, Cuyahoga C.P. No. CR-18-632329-A, and one count of felonious assault, a second-degree felony, in State v. Salnave, Cuyahoga C.P. No. CR-18-632825-A. On December 18, 2018, the court sentenced Salnave to the following:

At this time we'll start with case number 632329. You're sentenced to three years on the underlying firearm specification. That's to be served prior to and consecutive to the underlying sentence of two years for a total of five years of incarceration. With regard to case number 632825, you are sentenced to two years of incarceration. Those sentences will be run consecutive to each other for a total time of seven years in prison.

         {¶ 5} It is from this order that Salnave appeals.

         Felony sentencing standard of review

         {¶ 6} R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, the appellate court's standard is not whether the sentencing court abused its discretion; rather, if this court "clearly and convincingly" finds that (1) "the record does not support the sentencing court's findings under" R.C. Chapter 2929 or (2) "the sentence is otherwise contrary to law," then we may conclude that the court erred in sentencing. See also State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231.

         {¶ 7} A sentence is not clearly and convincingly contrary to law "where the trial court considers the purposes and principles of sentencing under R.C. 2929.11 as well as the seriousness and recidivism factors listed in R.C. 2929.12, properly applies post-release control, and sentences a defendant within the permissible ...


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