Court of Appeals of Ohio, Second District, Montgomery
Criminal Appeal from Common Pleas Court Trial Court No.
MATHIAS H. HECK, JR., by LISA M. LIGHT, Atty. Reg. No.
0097348, Assistant Prosecuting Attorney, Montgomery County
Prosecutor's Office, Appellate Division, Montgomery
County Courts Building, Attorney for Plaintiff-Appellee
M. KOLLIN, Atty. Reg. No. 0066964, Attorney for
1} Defendant-appellant Alexander Ewing appeals from
his conviction in the Montgomery County Court of Common Pleas
following his plea of guilty to two counts of felonious
assault, an attendant firearm specification, and one count of
discharge of a firearm on or near prohibited premises.
Specifically, Ewing challenges his 11-year prison sentence;
he alleges that his sentence is contrary to the statutory
sentencing factors. Our review reveals that the sentence is
not contrary to the law and is supported by the record.
Therefore, the judgment of the trial court is affirmed.
Facts and Procedural Background
2} On September 6, 2018, Ewing was working at a gas
station located on Main Street in Dayton. During Ewing's
shift, Aric Ringer entered the store and began taunting
Ewing, who was working behind the checkout
counter. Ewing and Ringer had engaged in a verbal
argument for several minutes when another customer, Carl
Milliner, entered the store and went to the coffee machine.
Eventually, Ringer reached across the counter and slapped
Ewing. At this point, Ewing retrieved a gun that was hidden
on his person and began firing at Ringer. Ringer was shot
multiple times before he ran out of the store. During the
shooting, Milliner was grazed by a bullet. Ewing followed
Ringer outside and continued to fire at him. Ringer was shot
in the back. Ringer ran across Main Street to the parking lot
of another store. Ewing did not cross the street, but he
stood at the edge of the street and continued to fire at
Ringer. Ringer was shot in the arm. Ewing hid the gun and
fled the scene.
3} Following an investigation, Ewing was indicted on
two counts of felonious assault (serious physical harm) in
violation of R.C. 2903.11 (A)(1), two counts of felonious
assault (deadly weapon) in violation of R.C. 2903.11(A)(2),
one count of discharge of a firearm on or near prohibited
premises (physical harm) in violation of R.C.
2923.162(A)(3)/(C)(3), one count of tampering with evidence
(alter/destroy) in violation of R.C. 2921.12(A)(1), and one
count of carrying a concealed weapon (loaded/ready at hand)
in violation of R.C. 2923.12(A)(2). The four felonious
assault counts carried attendant firearm specifications.
4} Following plea negotiations, Ewing entered a plea
of guilty to two counts of felonious assault and one count of
discharge of a firearm at or near prohibited premises. The
plea also included one of the attendant firearm
specifications. In exchange, the State dismissed the
remaining counts and firearm specifications. The parties did
not reach an agreement as to sentencing other than an
agreement to a minimum sentence of eight years. Following a
sentencing hearing, the trial court sentenced Ewing to
eight-year prison terms on each count, to be served
concurrently. The trial court also sentenced Ewing to a
three-year prison term for the firearm specification, to be
served consecutively to the eight-year sentence, for an
aggregate sentence of 11 years.
5} Ewing appeals.
6} Ewing's sole assignment of error is as
THE TRIAL COURT FAILED TO ADEQUATELY CONSIDER THE SENTENCING
STATUTES PURSUANT TO ORC 2929.11-2929.12, ABUSING ITS
DISCRETION IN SENTENCING APPELLANT.
7} Ewing contends that the trial court abused its
discretion in sentencing because it failed to ...