State v. Perkins

Ohio Court of Appeals

State v. Perkins

2024 Ohio 419

CourtOhio Court of Appeals

DecidedFebruary 6, 2024

Docket23CA00021

StatusPublished

This text of 2024 Ohio 419 (State v. Perkins) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Perkins, 2024 Ohio 419 (Ohio Ct. App. 2024).

Pincite

Opinion

[Cite as State v. Perkins, 2024-Ohio-419.]

COURT OF APPEALS GUERNSEY COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO, : JUDGES: : Hon. William B. Hoffman, P.J. Plaintiff - Appellee : Hon. John W. Wise, J. : Hon. Craig R. Baldwin, J. -vs- : : MICHAEL PERKINS, : Case No. 23CA00021 : Defendant - Appellant : OPINION

CHARACTER OF PROCEEDING: Appeal from the Guernsey County Court of Common Pleas, Case No. 21 CR 00054

JUDGMENT: Affirmed

DATE OF JUDGMENT: February 6, 2024

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

LINDSEY ANGLER CHRIS BRIGDON Prosecuting Attorney 8138 Somerset Rd. Guernsey County, Ohio 43725 Thornville, Ohio 43076 Guernsey County, Case No. 23CA00021 2

Baldwin, J.

{¶1} Appellant Michael Perkins appeals his sentence, imposed after he changed

his plea to guilty pursuant to a negotiated plea agreement. The appellee is the State of

Ohio.

STATEMENT OF THE FACTS AND THE CASE

{¶2} On November 20, 2020, the appellant was observed by an Ohio State

Highway Patrol trooper driving a white Jeep on I-70 at approximately 1:00 a.m. The Jeep

had an abnormally and persistently loud exhaust and, as the vehicle passed the trooper,

the appellant leaned back in his seat in such a way so as to obscure himself from the

trooper’s view. As the trooper began to follow the Jeep he ran a check of the license plate,

which came back as registered to a blue Volkswagen. The trooper initiated a traffic stop.

{¶3} When asked for his license and registration, the appellant told the trooper

that he did not have a valid driver’s license. The trooper observed the appellant shaking

and avoiding eye contact when he handed over his State I.D. card. The trooper thereafter

learned that the appellant had two felony warrants for his arrest from Belmont County for

aggravated trafficking of drugs in connection with offenses which had occurred in April of

2020 and in July of 2020.

{¶4} Upon discovery of the outstanding felony warrants, the trooper asked the

appellant to exit the vehicle. The appellant was detained, Mirandized, and advised that a

K-9 unit was coming to the scene, at which time the appellant voluntarily admitted to

having Methamphetamine and marijuana in the vehicle. A search of the vehicle revealed

a plastic bag containing a crystal-like rocky substance which was later identified as Guernsey County, Case No. 23CA00021 3

Methamphetamine; a plastic bag containing a green leafy plant material; and, a metal

grinder containing green plant residue. It was later determined that the amount of

Methamphetamine the appellant possessed at the time of the stop was more than five

times the bulk amount, but less than fifty times the bulk amount.

{¶5} The appellant was taken to Belmont County and released into the custody

of deputies at the sheriff’s office for transport to the Belmont County Jail in connection

with his outstanding Belmont warrants.

{¶6} On March 5, 2021, the appellant was indicted on one count of aggravated

possession of drugs in violation of R.C. 2925.11(A) and (C) (1)(c), a felony of the second

degree. The indictment was sent to the Belmont County Jail for service upon the

appellant; however, he had been transferred to the Noble Correctional Institute, so the

indictment was returned unserved. Service of the indictment was eventually completed

on or about February 10, 2023. The appellant was arraigned on April 12, 2023, at which

time he pleaded not guilty. He was still incarcerated on the Belmont County offenses at

the time of his arraignment. Trial was scheduled for July 5, 2023.

{¶7} The parties negotiated a plea agreement and, on July 5, 2023, appeared

for a Plea and Sentencing Hearing. A Plea of Guilty: Indefinite Sentencing order was

completed in which the appellant agreed in writing to withdraw his not guilty plea and

enter a plea of guilty to one count of aggravated possession of drugs in violation of R.C.

2925.11(A), a felony of the second degree. The minimum penalty range listed in the plea

of guilty form was two to eight years, with a maximum possible definite term of four years

and longest possible maximum of twelve years. The order was signed by both the

appellant and his trial counsel. The appellee outlined the circumstances surrounding the Guernsey County, Case No. 23CA00021 4

appellant’s arrest, as well as his criminal history, at the onset of the Plea & Sentencing

Hearing.

{¶8} By way of mitigation, the appellant submitted that his father was a police

officer and special Belmont County deputy before passing away, that his mother is retired

and still living but ill, that he has three brothers living both in Ohio and out of state, and

that he has two sons and three grandchildren.1 He submitted further that he is in poor

health. Based upon these purported mitigating factors, the appellant argued for the

imposition of a four to six year sentence.

{¶9} The trial court engaged in the requisite Crim.R. 11 colloquy with the

appellant. In addition, after reviewing the presentence investigation, the trial court outlined

the appellant’s criminal history as follows: he has a history of criminal convictions which

began in 1991, when he was sentenced to a three to fifteen year prison term from which

he was released in 1994; in 1995 he committed a felony theft offense and was once again

sentenced to prison; he had a persistent disorderly conduct charge in 1999, menacing

charges in 2002 and 2003, resisting arrest and disorderly in 2003, drug paraphernalia in

2006, and theft offenses in both January and June of 2015.

{¶10} In addition, the appellant had a fraudulent schemes felony charge in West

Virginia for which he received a one to ten year prison sentence. Finally, he had the

aforementioned Belmont County drug trafficking charges in 2020 for which he had been

indicted at the time of the November of 2020, Guernsey County aggravated possession

offense, as well as a driving under suspension charge. The appellant was in prison on the

Belmont County charges at the time of the July 5, 2023 Plea and Sentencing Hearing.

1 None of the appellant’s family attended the Plea & Sentencing Hearing . Guernsey County, Case No. 23CA00021 5

{¶11} The trial court noted that this was the appellant’s sixth felony conviction, in

addition to a number of misdemeanors. Based upon the appellant’s criminal history, the

trial court determined that recidivism was more likely, and that it was necessary to punish

the appellant and to protect the public from future crime. The trial court further found that

the appellant’s record demonstrated that consecutive sentences were necessary.

{¶12} The trial court sentenced the appellant to an indefinite prison term of a

minimum of six years and a maximum of nine years, the first six years of which is

mandatory, all to be served consecutive to his sentence on the Belmont County matters.

On July 6, 2023, the trial court issued a Negotiated Plea/Judgment of

Conviction/Judgment Entry of Sentence memorializing its findings.

{¶13} The appellant filed a timely appeal, and sets forth the following sole

assignment of error:

{¶14} “I. SHOULD [SIC] THIS COURT SHOULD REVERSE THE TRIAL

COURT’S DECISION TO IMPOSE A SIX (6) YEAR SENTENCE; BECAUSE, THE

SENTENCE WAS IN CONTRAVENTION OF THE SENTENCING STATUTES R.C.

§2929.11 AND R.C. §2929.12?”

Free access — add to your briefcase to read the full text and ask questions with AI