State v. Blevins

93 N.E.3d 246, 2017 Ohio 4444
CourtCourt of Appeals of Ohio, Eighth District, Cuyahoga County
DecidedJune 22, 2017
DocketNo. 105023
StatusPublished
Cited by22 cases

This text of 93 N.E.3d 246 (State v. Blevins) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Eighth District, Cuyahoga County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Blevins, 93 N.E.3d 246, 2017 Ohio 4444 (Ohio Super. Ct. 2017).

Opinion

FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Defendant-appellant, Barry Blevins ("appellant"), brings this appeal challenging the trial court's imposition of consecutive sentences. Specifically, appellant argues that the trial court imposed consecutive sentences without making the required findings under R.C. 2929.14(C)(4) and that the maximum sentence imposed by the trial court is not clearly and convincingly supported by the record. After a thorough review of the record and law, this court affirms.

I. Factual and Procedural History

{¶ 2} Appellant was indicted, entered a plea, and was sentenced in two separate criminal cases: Cuyahoga C.P. No. CR-14-592088-A and Cuyahoga C.P. No. CR-15-597731-A. This appeal pertains to the sentence imposed in the latter case.

CR-14-592088-A

{¶ 3} On December 23, 2014, the Cuyahoga County Grand Jury returned an eight-count indictment charging appellant with (1) drug trafficking, in violation of R.C. 2925.03(A)(2) ; (2) drug possession, in violation of R.C. 2925.11(A) ; (3) drug trafficking, in violation of R.C. 2925.03(A)(2) ; (4) carrying a concealed weapon, in violation of R.C. 2923.12(A)(2) ; (5) improperly handling a firearm in a motor vehicle, in violation of R.C. 2923.16(B) ; (6) receiving stolen property, in violation of R.C. 2913.51(A) ; (7) having weapons while under disability, in violation of R.C. 2923.13(A)(2) ; and (8) having weapons while under disability, in violation of R.C. 2923.13(A)(3). Counts 1 through 3 contained one-year firearm specifications and forfeiture specifications. Counts 4 through 8 contained forfeiture specifications. Appellant pled not guilty to the indictment.

*249{¶ 4} On June 2, 2015, appellant entered a plea of no contest to all eight counts in the indictment. The trial court advised appellant of his constitutional rights and penalties implicated by his plea of no contest. Furthermore, based on the evidence proffered by the state, the trial court found appellant guilty on all counts and specifications. The trial court proceeded immediately to sentencing and imposed an aggregate three-year prison term.

{¶ 5} On June 30, 2015, appellant filed an appeal challenging his convictions. This court determined that the trial court's June 2, 2015 sentencing journal entry did not accurately reflect what transpired during the sentencing hearing, and remanded the case to the trial court for a nunc pro tunc sentencing entry.

{¶ 6} On January 12, 2016, the trial court issued a nunc pro tunc sentencing entry indicating that Counts 1 and 2 merged for sentencing purposes, and the state elected to sentence appellant on Count 1; Counts 7 and 8 also merged for sentencing purposes, and the state elected to sentence appellant on Count 7.

{¶ 7} In State v. Blevins , 2016-Ohio-2937, 65 N.E.3d 146 (8th Dist.), this court held that the trial court properly denied appellant's motion to suppress and affirmed appellant's convictions. Id. at ¶ 2.

CR-15-597731-A

{¶ 8} On October 11, 2014, the victim, David Garrett, was shot and killed during an altercation outside of a nightclub on Cleveland's west side. On August 3, 2015, the Cuyahoga County Grand Jury returned a 12-count indictment charging appellant with (1) murder, in violation of R.C. 2903.02(A) ; (2) murder, in violation of R.C. 2903.02(B) ; (3) felonious assault, in violation of R.C. 2903.11(A)(1) ; (4) felonious assault, in violation of R.C. 2903.11(A)(2) ; (5) voluntary manslaughter, in violation of R.C. 2903.03(A) ; (6) involuntary manslaughter, in violation of R.C. 2903.04(A) ; (7) discharge of a firearm on or near prohibited premises, in violation of R.C. 2923.162(A)(3) ; (8) aggravated assault, in violation of R.C. 2903.12(A)(1) ; (9) aggravated assault, in violation of R.C. 2903.12(A)(2) ; (10) tampering with evidence, in violation of R.C. 2921.12(A)(1) ; (11) having weapons while under disability, in violation of R.C. 2923.13(A)(2) ; and (12) having weapons while under disability, in violation of R.C. 2923.13(A)(3). Counts 1 through 6 contained one- and three-year firearm specifications, notice of prior conviction specifications, and repeat violent offender specifications. Count 7 contained one- and three-year firearm specifications and a notice of prior conviction specification. Counts 8 and 9 contained one- and three-year firearm specifications. Appellant pled not guilty to the indictment.

{¶ 9} The parties reached a plea agreement. The state amended Count 5 by deleting the one-year firearm specification and the notice of prior conviction and repeat violent offender specifications. On August 1, 2016, appellant pled guilty to Count 5, voluntary manslaughter, a first-degree felony, and the underlying three-year firearm specification. The remaining counts and specifications charged in the indictment were nolled. The trial court ordered a presentence investigation report ("PSI") and set the matter for sentencing.

{¶ 10} The trial court held a sentencing hearing on August 31, 2016. The trial court sentenced appellant to a prison term of 14 years: three years on the firearm specification to be served prior to and consecutively with 11 years on the voluntary manslaughter count. The trial court ordered appellant to serve this 14-year sentence consecutively with his three-year prison sentence in CR-14-592088-A.

*250{¶ 11} On September 29, 2016, appellant filed the instant appeal challenging the trial court's sentence. He assigns two errors for review:

I. The trial court's imposition of consecutive sentences was contrary to law.
II. The trial court's imposition of maximum and consecutive sentences is clearly and convincingly unsupported by the record.

II. Law and Analysis

A. Consecutive Sentences

{¶ 12} In his first assignment of error, appellant argues that the trial court failed to make the requisite findings pursuant to R.C. 2929.14(C)(4) prior to imposing consecutive sentences.

{¶ 13} We review felony sentences under the standard set forth in R.C. 2953.08(G)(2). State v. Marcum , 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 16. R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court "clearly and convincingly" finds that (1) "the record does not support the sentencing court's findings under R.C. 2929.14(C)(4)," or (2) "the sentence is otherwise contrary to law."

{¶ 14} R.C.

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Cite This Page — Counsel Stack

Bluebook (online)
93 N.E.3d 246, 2017 Ohio 4444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blevins-ohctapp8cuyahog-2017.