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State v. Paxon

Court of Appeals of Ohio, Eleventh District, Trumbull

September 3, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
KC ANNE ELIZABETH PAXON, Defendant-Appellant.

          Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2018 CR 00485.

         Judgment: Affirmed.

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

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

          OPINION

          THOMAS R. WRIGHT, P.J.

         {¶1} Appellant, KC Anne Elizabeth Paxon, appeals her conviction after pleading guilty to aggravated possession of drugs. We affirm.

         {¶2} Paxon raises one assignment of error:

         {¶3} "The trial court erred by sentencing appellant to incarceration rather than imposing a community control sanction."

         {¶4} 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.

         {¶5} Our standard of review is delineated in R.C. 2953.08(G)(2):

         {¶6} "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:

         {¶7} "(a) That the record does not support the sentencing court's findings under [certain sections] of the Revised Code, whichever, if any, is relevant;

         {¶8} "(b) That the sentence is otherwise contrary to law."

         {¶9} Paxon pleaded guilty to aggravated possession of drugs, a fifth-degree felony, in violation ...


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