from the Franklin County Court of Common Pleas, No. 18CR-2025
O'Brien, Prosecuting Attorney, and Sheryl L. Prichard,
Wilford & Schregardus Co., L.PA., and Sarah M.
Schregardus, for appellant.
1} Defendant-appellant, Gregory L. Richards, appeals
from a judgment of the Franklin County Court of Common Pleas
following his conviction and sentence for involuntary
manslaughter and trafficking in heroin. Because the trial
court properly imposed consecutive sentences, we affirm.
2} On April 27, 2018, a Franklin County Grand Jury
indicted appellant for involuntary manslaughter in violation
of R.C. 2903.04, a felony of the first degree; corrupting
another with drugs in violation of R.C. 2925.02, a felony of
the second degree; aggravated trafficking in drugs in
violation of R.C. 2925.03, a felony of the fourth degree; and
trafficking in heroin in violation of R.C. 2925.03, a felony
of the fifth degree. Appellant initially entered a not guilty
3} On February 13, 2019, the trial court held a plea
hearing at which the prosecutor provided the following
factual summary. On December 24, 2017, appellant was
renovating an apartment and found a baggie containing a
substance he thought to be heroin. He provided the drugs to a
female acquaintance, which she administered to herself while
seated in appellant's vehicle. Shortly thereafter, the
woman lost consciousness. Appellant attempted CPR, then drove
her to a fire station for treatment. The woman was ultimately
transported to a nearby hospital where she was pronounced
dead. The coroner's toxicology report listed the
woman's cause of death as acute fentanyl intoxication.
4} Following this factual recitation and a Crim.R.
11 colloquy, appellant entered a guilty plea to involuntary
manslaughter and trafficking in heroin as charged in the
indictment. The trial court accepted appellant's guilty
plea, found him guilty, entered a nolle prosequi on the
remaining counts in the indictment, and delayed sentencing
for the preparation of a presentence investigation report.
5} At the March 28, 2019 sentencing hearing, the
trial court imposed a 6-year prison term for involuntary
manslaughter and a 12-month prison term for trafficking in
heroin. The court ordered the sentences to be served
consecutively for a total of 7 years.
6} Appellant appealed, asserting a single assignment
The trial court erred when it imposed consecutive sentences
contrary to law.
7} In his sole assignment of error, appellant
challenges the imposition of consecutive sentences. "An
appellate court will not reverse a trial court's
sentencing decision unless the evidence is clear and
convincing that either the record does not support the
sentence or that the sentence is contrary to law."
State v. Robinson, 10th Dist. No. 15AP-910,
2016-Ohio-4638, ¶ 7, ...