Court of Appeals of Ohio, Eleventh District, Trumbull
Criminal Appeal from the Trumbull County Court of Common
Pleas. Case No. 2018 CR 00781.
Watkins, Trumbull County Prosecutor, and Ashleigh Musick,
Assistant Prosecutor, Administration Building, (For
Michael A. Partlow, (For Defendant-Appellant).
TIMOTHY P. CANNON, J.
Appellant, 39-year-old Erin R. Barrickman, appeals from the
Trumbull County Court of Common Pleas' entry on sentence,
issued on February 21, 2019. The judgment is affirmed.
In September 2018, Barrickman was indicted on four drug
offenses, each a felony of the fifth degree: Count 1,
aggravated possession of drugs; Count 2, possession of
heroin; and Counts 3 & 4, possession of cocaine.
On December 20, 2018, pursuant to a plea agreement,
Barrickman pled guilty to two counts of an amended
indictment: Count 1, aggravated possession of drugs, a
fifth-degree felony in violation of R.C.
2925.11(A)&(C)(1)(a); and Count 2, possession of heroin,
a fifth-degree felony in violation of R.C. 2925.11
(A)&(C)(6)(a). Counts 3 and 4 were nolled.
The trial court ordered a pre-sentence investigation.
A sentencing hearing was held January 31, 2019. Barrickman
acknowledged her extensive criminal history. The trial court
stated she has "one of the worst criminal records
I've seen here in a long time." It found the
The defendant has a lengthy arrest history with 30 prior
convictions, three of which were felonies, the defendant has
failed Intervention in Lieu of Conviction in Mahoning County
and failed and [sic] kicked out of Trumbull County Drug
Court, resulting in two of the three prior prison sentences.
This defendant also has been under probation supervision to
multiple municipal courts at the same time and at the time of
this instant offense, and the defendant is not amenable to
any kind of community control sanctions.
trial court ordered appellant to serve a prison sentence of
12 months on each count, to be served concurrent to each
In its entry on sentence, the trial court stated: "(1)
the Defendant has prior felony convictions; (2) the defendant
has served two prior prison terms; (3) the Defendant has
failed community control previously; (4) the Defendant was on
parole at the time the offenses in this matter were
committed; and (5) the Defendant is not amenable to community
Barrickman noticed an appeal from the February 21, 2019 entry
on sentence and raises the following ...