from Logan County Common Pleas Court Trial Court No. CR 19 02
P. Martin for Appellant
Robinson-Bond for Appellee
Defendant-appellant, Benjamin R. Wrasman
("Wrasman"), appeals the June 25, 2019 judgment
entry of sentencing of the Logan County Court of Common
Pleas. For the reasons that follow, we affirm.
This case stems from an incident that occurred on February 8,
2019 at the Super 8 by Wyndham ("Super 8 hotel") in
Bellefontaine, Ohio. Wrasman (under the influence of alcohol)
entered the victim's hotel room and struck the victim,
causing her injury. At the time of the incident, Wrasman and
the victim were both guests of the Super 8
hotel. As a result of the incident, Wrasman was
indicted on one count of aggravated burglary in violation of
R.C. 2911.11(A)(1), (B), a first-degree felony. (Doc. No. 2).
On February 19, 2019, Wrasman appeared for arraignment and
entered a plea of not guilty. (Doc. No. 11).
On May 31, 2019, Wrasman withdrew his plea of not guilty,
under a written plea agreement, and entered a guilty plea
pursuant to North Carolina v. Alford, 400 U.S. 25,
91 S.Ct. 160 (1970) to the single count in the indictment.
(Doc. No. 60). The trial court accepted Wrasman's guilty
plea and ordered the preparation of a presentence
investigation report ("PSI"). (Id.).
Ultimately, the trial court sentenced Wrasman to 9 years in
prison. (Doc. No. 63).
Wrasman filed his notice of appeal on July 8, 2019. (Doc. No.
76). He raises two assignments of error for our review which
we will address separately.
of Error I
Trial Court Sentenced the Appellant Without Regarding the
Statement and Wishes of the Victim.
In his first assignment of error, Wrasman argues that the
trial court erred by disregarding the victim-impact
statement. In essence, he argues that the trial court erred
by imposing a prison term that is unsupported by the record.
Under R.C. 2953.08(G)(2), an appellate court will reverse a
sentence "only if it determines by clear and convincing
evidence that the record does not support the trial
court's findings under relevant statutes or that the
sentence is otherwise contrary to law." State v.
Marcum,146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.
Clear and convincing evidence is that "'which will
produce in the mind of the trier of facts a firm belief or
conviction as to the facts sought to be