Court of Appeals of Ohio, Eleventh District, Trumbull
Criminal Appeal from the Trumbull County Court of Common
Pleas, Case No. 2018 CR 00485.
Watkins, Trumbull County Prosecutor, and Ashleigh Musick,
Assistant Prosecutor, Administration Building, Fourth Floor,
Michael A. Partlow, (For Defendant-Appellant).
R. WRIGHT, P.J.
Appellant, KC Anne Elizabeth Paxon, appeals her conviction
after pleading guilty to aggravated possession of drugs. We
Paxon raises one assignment of error:
"The trial court erred by sentencing appellant to
incarceration rather than imposing a community control
Paxon contends her sentence is contrary to law because the
court was required to impose a community control sanction
pursuant to R.C. 2929.13(B)(1)(a) since she met the stated
conditions, and the court failed to find that an exception
applied consistent with the statute. We disagree.
Our standard of review is delineated in R.C. 2953.08(G)(2):
"The appellate court may increase, reduce, or otherwise
modify a sentence that is appealed under this section or may
vacate the sentence and remand the matter to the sentencing
court for resentencing. The appellate court's standard
for review is not whether the sentencing court abused its
discretion. The appellate court may take any action
authorized by this division if it clearly and convincingly
finds either of the following:
"(a) That the record does not support the sentencing
court's findings under [certain sections] of the Revised
Code, whichever, if any, is relevant;
"(b) That the sentence is otherwise contrary to
Paxon pleaded guilty to aggravated possession of drugs, a
fifth-degree felony, in violation ...