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State v. Perry

Court of Appeals of Ohio, Eleventh District, Trumbull

September 3, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
DAJAUN RESHAWN PERRY, Defendant-Appellant.

          Criminal Appeal from the Trumbull County Court of Common Pleas. Case No. 201 8 CR 00791.

         Judgment: Affirmed.

          Dennis Watkins, Trumbull County Prosecutor, and Ashleigh Musick, Assistant Prosecutor, Administration Building, (For Plaintiff-Appellee).

          Michael A. Partlow, (For Defendant-Appellant).

          OPINION

          TIMOTHY P. CANNON, J.

         {¶1} Appellant, 25-year-old Dajaun Reshawn Perry, appeals from the entry on sentence, issued by the Trumbull County Court of Common Pleas on January 29, 2019, on the basis that his sentence is contrary to law. The judgment is affirmed.

         {¶2} In September 2018, Perry was charged with one count of aggravated burglary after entering by deception, with purpose to commit a theft offense, the residence of an 81-year-old man, upon whom Perry inflicted bodily harm and stole $161.00.

         {¶3} On November 15, 2018, pursuant to a plea agreement, Perry pled guilty to the charge, a first-degree felony, in violation of R.C. 2911.11(A)(1) & (B).

         {¶4} The trial court ordered a pre-sentence investigation.

         {¶5} Perry's sentencing hearing was held on January 17, 2019. He was sentenced to ten years in prison.

         {¶6} Perry noticed an appeal from the January 29, 2019 entry on sentence and raises the following assignment of error for our review:

         {¶7} "The trial court erred by sentencing the appellant to a term of 10 years incarceration as the record does not support such a sentence."

         {¶8} Perry asserts that, beyond the trial court's consideration of his prior criminal history, the record is unclear as to why the trial court imposed a ten-year sentence, nearly the maximum penalty available.

         {¶9} We review felony sentences under the standard of review set forth in R.C. ...


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