State v. Colvin

2025 Ohio 292

• Court: Ohio Court of Appeals
• Decided: January 31, 2025
• Docket: 2024-CA-36
• Status: Published

Opinion

[Cite as State v. Colvin, 2025-Ohio-292.]

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT CLARK COUNTY

STATE OF OHIO : : Appellee : C.A. No. 2024-CA-36 : v. : Trial Court Case Nos. 22-CR-518(B); 22 : CR 808 MYRON COLVIN : : (Criminal Appeal from Common Pleas Appellant : Court) :

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OPINION

Rendered on January 31, 2025

P.J. CONBOY, Attorney for Appellant

ROBERT C. LOGSDON, Attorney for Appellee

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HUFFMAN, J.

{¶ 1} Defendant-Appellant Myron Colvin appeals from his multiple convictions,

contending that the trial court erred in sentencing him. The trial court imposed an agreed

sentence pursuant to a plea agreement, which was authorized by law and had been jointly

recommended by the parties. Because the trial court properly sentenced Colvin in

accordance with an agreed sentence, we affirm. -2-

{¶ 2} This appeal arises from two separate trial court cases. The first case involved

a multi-defendant indictment in which Colvin was charged with two counts of felonious

assault (count four and count five), felonies of the second degree, and several firearms

offenses. In the second case, Colvin was charged with trafficking in cocaine, a felony of

the first degree (count one), aggravated trafficking in drugs, a felony of the second degree

(count three), and other drug offenses.

{¶ 3} Pursuant to a plea agreement, Colvin pled guilty to counts four and five in the

first case in exchange for dismissal of the other counts against him in that case. In the

second case, Colvin pled guilty to counts one and three, and the other counts against him

were dismissed.

{¶ 4} In the first case, the plea agreement provided that Colvin was to serve eight

years in prison on count four consecutive to seven years on count five, for a total prison

term of 15 to 19 years. In the second case, Colvin was to serve 10 to 15 years on count

one consecutive to five years on count three. The agreement also provided that the

sentences in the two cases were to be served concurrently, for an aggregate prison term

of 15 to 20 years.

{¶ 5} At the sentencing hearing, the prosecutor set forth the correct terms of the

plea agreement in the record, and the trial court confirmed Colvin’s understanding of

those terms. However, upon sentencing Colvin, the court misstated the terms of the

agreement, saying:

In Case No. 22-CR-518B, the Court is going to sentence the

Defendant in Count Four, felonious assault, to a term of 8 years – an -3-

indefinite term of a minimum term of 8 years to a maximum term of 12 years

to the Ohio Department of Rehabilitation and Corrections. In Count Four

[sic], the Court is going to sentence the Defendant to 7 years to the Ohio

Department of Rehabilitation and Corrections. Those terms will run

concurrently for a total of 8 years.

In 22-CR-808, the Court is going to again follow the joint

recommendation of the parties. The Court in Count One, trafficking in

cocaine, a first-degree felony, is going to sentence the Defendant to an

indefinite term of imprisonment. That indefinite term of imprisonment will be

for a minimum of 10 years to a maximum of 15 years; and in Count Three,

the Court is going to follow the recommendation and sentence the

Defendant to a term of 5 years on the felonious assault charge. Those

sentences will run consecutive – or concurrently with each other.

The cases in – or the sentences in 22-CR-518B and 22-CR-808 will

both run consecutive – or concurrent with one another for a total

commitment of 15 to 20 years in prison.

(Emphasis added.)

{¶ 6} The trial court’s judgment entry correctly sentenced Colvin in accordance

with the terms of the plea agreement: count 4 – definite term of imprisonment for eight

years, and count five – definite term of imprisonment for seven years, to run consecutive

to each other for a total of 15 years in prison; count one – indefinite term of imprisonment

for a minimum of 10 years to a maximum of 15 years, and count three – definite term of -4-

imprisonment for five years, to run consecutive to each other for a prison term of 15 to 20

years. The court further specified that the sentences in two cases were to run concurrently

to each other for a total prison term of 15 to 20 years.

{¶ 7} Colvin appeals.

{¶ 8} Colvin’s sole assignment of error states:

THE TRIAL COURT ERRED IN ITS SENTENCING OF APPELLANT.

{¶ 9} Colvin contends that the trial court erred in sentencing him to consecutive

sentences, as such sentences were not supported by clear and convincing evidence. He

points to the trial court’s statements during the sentencing hearing, asserting that he was

sentenced to an indefinite sentence of 10 to 15 years, not 15 to 20 years. He then argues

that consecutive sentences were not proper because the trial court had not made the

necessary findings to impose consecutive sentences, namely that he had not committed

one or more offenses while awaiting trial or sentencing and was not under other sanctions;

there was no finding that his offenses were committed as a course of conduct and the

harm caused was so great that no single prison term could adequately reflect the

seriousness of his conduct; and there was no finding that his history of criminal conduct

demonstrated that consecutive sentences were necessary.

{¶ 10} The State responds that, because Colvin’s sentence was an “agreed

sentence” authorized by Ohio law, jointly recommended by the parties, and imposed by

the sentencing judge, it is not reviewable to appeal under R.C. 2953.08(D). We agree.

{¶ 11} We have held that agreed sentences are not reviewable on appeal. State v.

Turner, 2011-Ohio-6714, ¶ 31 (2d Dist.). R.C. 2953.08(D)(1) provides: “A sentence -5-

imposed upon a defendant is not subject to review under this section if the sentence is

authorized by law, has been recommended jointly by the defendant and the prosecution

in the case, and is imposed by a sentencing judge.” Of further note, “a sentence within a

jointly-recommended range is a jointly-recommended sentence for purposes of R.C.

2953.08.” State v. Arnold, 2017-Ohio-1384, ¶ 4 (2d Dist.), citing State v. Chattams, 2015-

Ohio-453, ¶ 5 (2d Dist.), citing State v. DeWitt, 2012-Ohio-635, ¶ 13-15 (2d Dist.); State

v. Connors, 2016-Ohio-3195, fn. 2 (2d Dist.).

{¶ 12} Colvin agreed to a sentence within a 15-to-20-year range as part of his

negotiated plea agreement. He entered guilty pleas to three second-degree felonies and

one first-degree felony. Under R.C. 2929.14(A)(2)(a), the prison term for felonies of the

second-degree ranges from two to eight years. For felonies of the first degree, the prison

term ranges from three to eleven years and allows for an indefinite term (with a stated

minimum term selected from the three-to-eleven-year range and a maximum term that is

determined pursuant to R.C. 2929.144). R.C. 2929.14(A)(1)(a). R.C. 2929.144(B)(2)

provides that, if an offender is being sentenced for more than one felony, if one or more

of the felonies is a qualifying felony of the first or second degree, and if the court orders

that some or all of the prison terms imposed are to be served consecutively, the maximum

prison term shall be equal to the total of the prison terms added by the court, plus 50

percent of the longest minimum term for the most serious felony being sentenced.

{¶ 13} Here, the sentences imposed by the trial court were authorized by law and

were recommended jointly by Colvin and the State. In his first case with two second-

degree felonies, the trial court sentenced Colvin to eight years on count four and to seven -6-

years on count five to be served consecutively to each other, which were statutorily

prescribed in R.C. 2929.14(A)(2)(a). In his second case, he was sentenced to an

indefinite prison term of a minimum of 10 years to a maximum of 15 years on the first-

degree felony as prescribed in R.C. 2929.14(A)(1)(a) and R.C. 2929.144(B)(2) and to five

years on the second-degree felony, also to be served consecutively to each other. The

court further specified that the sentences in the cases were to run concurrently to each

other, for a total prison term of 15 to 20 years, as provided in the plea agreement.

{¶ 14} Although the trial court misstated Colvin’s sentence during the sentencing

hearing, we need not address any misstatement that may have been made during the

sentencing hearing because the trial court speaks through its journal entries, and the

journal entry in this case correctly set forth the agreed-upon sentence. State v. Stevens,

2010-Ohio-4766, ¶ 4 (2d Dist.), citing State v. Watkins, 2010-Ohio-740, ¶ 40 (2d Dist.),

citing State v. Brooke, 2007-Ohio-1533, ¶ 47.

{¶ 15} Lastly, although Colvin contends that the trial court did not make the

necessary findings to authorize the imposition of consecutive sentences, the trial court

was not required to make such findings because the cases involved an agreed sentence.

“An agreed sentence that involves a discretionary decision to impose consecutive

sentences is ‘authorized by law’ and unreviewable on appeal even if the trial court fails to

make the consecutive-sentence findings.” State v. Morgan, 2018-Ohio-3198, ¶ 22 (2d

Dist.), citing State v. Sergent, 2016-Ohio-2696, ¶ 29.

{¶ 16} Under these circumstances, we cannot say that the trial court erred in its

sentencing of Colvin. The court’s sentence of 15 to 20 years fell within the statutorily -7-

range authorized by law, was jointly recommended by the defendant and prosecutor, and

was imposed by the trial judge. Because all three conditions in R.C. 2953.08(D) were

satisfied, the agreed sentence is not reviewable on appeal. Colvin’s sole assignment of

error is overruled.

{¶ 17} The judgment of the trial court is affirmed.

EPLEY, P.J. and LEWIS, J., concur.