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State v. Wrasman

Court of Appeals of Ohio, Third District, Logan

December 23, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
BENJAMIN R. WRASMAN, DEFENDANT-APPELLANT.

          Appeal from Logan County Common Pleas Court Trial Court No. CR 19 02 0054.

          Sean P. Martin for Appellant

          Alice Robinson-Bond for Appellee

          OPINION

          ZIMMERMAN, P.J.

         {¶1} 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.

         {¶2} 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.[1] 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).

         {¶3} 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).

         {¶4} 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.[2]

         Assignment of Error I

         The Trial Court Sentenced the Appellant Without Regarding the Statement and Wishes of the Victim.

         {¶5} 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. We disagree.

         Standard of Review

         {¶6} 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, ΒΆ 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 ...


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