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State v. Salmons

Court of Appeals of Ohio, Third District, Union

September 3, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
PHILIP SALMONS, DEFENDANT-APPELLANT.

          Appeal from Union County Common Pleas Court Trial Court No. 18-CR-0202

         Judgment Affirmed

          Alison Boggs for Appellant

          Raymond Kelly Hamilton for Appellee

          OPINION

          PRESTON, J.

         {¶1} Defendant-appellant, Philip Salmons ("Salmons"), appeals the December 27, 2018 judgment of sentence of the Union County Court of Common Pleas. For the reasons that follow, we affirm.

         {¶2} On August 10, 2018, the Union County Grand Jury indicted Salmons on two Counts: Count One of operating a vehicle under the influence of alcohol, a drug of abuse or a combination of them in violation of R.C. 4511.19(A)(1)(a), (G)(1)(e), a third-degree felony, and Count Two of endangering children in violation of R.C. 2919.22(C)(1), (E)(5)(a), a first-degree misdemeanor. (Doc. No. 1). Count One also included a specification for an additional prison term for repeat OVI offenders under R.C. 2941.1413(A). (Id.). On September 4, 2018, Salmons appeared for arraignment and entered pleas of not guilty to the counts and specification in the indictment. (Doc. No. 5).

         {¶3} On December 14, 2018, under a negotiated plea agreement, Salmons withdrew his pleas of not guilty and entered a plea of guilty to Count One of the indictment and its accompanying specification. (Doc. No. 26). (See Doc. No. 25). In exchange, the State agreed to recommend dismissal of Count Two. (Doc. No. 26). (See Doc. No. 25). The trial court accepted Salmons's guilty pleas, found him guilty, and ordered a presentence investigation. (Doc. No. 26). The trial court also approved the State's application for dismissal of Count Two of the indictment and dismissed the same. (Id.). The trial court filed its judgment entry of conviction on December 17, 2018. (Id.).

         {¶4} On December 27, 2018, the trial court sentenced Salmons to four years of mandatory imprisonment as to the repeat-offender specification under Count One. (Doc. No. 29). Additionally, the trial court sentenced Salmons to five years of community control on the underlying OVI offense under Count One. (Id.). Finally, the trial court ordered that the prison sentence imposed in the present case run consecutively to the prison sentences imposed in Union County Court of Common Pleas case numbers 17-CR-0225 and 18-CR-0027. (Id.). The trial court filed its judgment entry of sentence on the same day. (Doc. No. 29).

         {¶5} On January 14, 2019, Salmons filed his notice of appeal. (Doc. No. 35). He raises three assignments of error, which we address together.

         Assignment of Error No. I

         The trial court's sentence is contrary to law.

         Assignment of Error No. II

         The trial court abused its discretion when it ordered a maximum sentence on the underlying OVI case.

         Assignment of Error No. III

         The trial court erred in ...


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