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State v. Barrickman

Court of Appeals of Ohio, Eleventh District, Trumbull

September 3, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
ERIN R. BARRICKMAN, Defendant-Appellant.

          Criminal Appeal from the Trumbull County Court of Common Pleas. Case No. 2018 CR 00781.

         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, 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.

         {¶2} 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.

         {¶3} 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.

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

         {¶5} 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 following:

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.

         The trial court ordered appellant to serve a prison sentence of 12 months on each count, to be served concurrent to each other.

         {¶6} 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 control sanctions."

         {¶7} Barrickman noticed an appeal from the February 21, 2019 entry on sentence and raises the following ...


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