from Union County Common Pleas Court Trial Court No.
Boggs for Appellant
Raymond Kelly Hamilton for Appellee
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.
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).
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.).
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).
On January 14, 2019, Salmons filed his notice of appeal.
(Doc. No. 35). He raises three assignments of error, which we
of Error No. I
trial court's sentence is contrary to law.
of Error No. II
trial court abused its discretion when it ordered a maximum
sentence on the underlying OVI case.
of Error No. III
trial court erred in ...