State v. Welch

2016 Ohio 810

• Court: Ohio Court of Appeals
• Decided: March 3, 2016
• Docket: 102865 102866 102878
• Status: Published

Opinion

[Cite as State v. Welch, 2016-Ohio-810.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION Nos. 102865, 102866, 102878

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

ANTONIO WELCH

DEFENDANT-APPELLANT

JUDGMENT: AFFIRMED

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-13-578497-A, CR-14-582028-A, and CR-14-584227-A

BEFORE: Blackmon, J., McCormack, P.J., and Boyle, J.

RELEASED AND JOURNALIZED: March 3, 2016 ATTORNEY FOR APPELLANT

Brian R. McGraw 55 Public Square Suite 2100 Cleveland, Ohio 44113

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor

By: Marc D. Bullard Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 PATRICIA ANN BLACKMON, J.:

{¶1} Antonio Welch (“Welch”) appeals his eight-year prison sentence for drug

trafficking and various related offenses in three underlying criminal cases and assigns the

following error for our review:

I. The trial court did not adequately or sufficiently explain/justify decisions to impose consecutive sentences. In addition, the trial court misunderstood at what point the offender’s danger to the public is actionable to impose a consecutive sentence.

{¶2} Having reviewed the record and pertinent law, we affirm. The apposite facts

follow.

{¶3} On March 6, 2015, the trial court sentenced Welch to an aggregate term of eight

years in prison, a term that was jointly recommended and agreed to by the state and Welch. The

breakdown of Welch’s sentence is as follows: three years in prison in State v. Welch, Cuyahoga

C.P. No. CR-13-578497-A (March 6, 2015); two years in prison in State v. Welch, Cuyahoga C.P.

No. CR-14-582028-A (March 6, 2015); and six years in prison in State v. Welch, Cuyahoga C.P.

No. CR-14-584227-A (March 6, 2015). The court ordered that the sentences in Case Nos.

CR-14-582028-A and CR-13-584227-A run consecutively, but concurrent with the sentence in

Case No. CR-13-578497-A.

{¶4} Welch appealed this sentence, and on October 27, 2015, this court remanded all

three cases for correction of the judgments of conviction pursuant to App.R. 9(E). On December

15, 2015, the trial court issued a nunc pro tunc entry clarifying the disposition of two counts, and

this appeal was reinstated.

{¶5} R.C. 2953.08 authorizes defendants to appeal felony sentences upon various

grounds. However, pursuant to R.C. 2953.08(D)(1), a “sentence 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.”

See also State v. Pannell, 8th Dist. Cuyahoga No. 89352, 2008-Ohio-956. Upon review of

Welch’s plea and sentencing hearings, we find that all three elements of R.C. 2953.08(D)(1) are

met in the case at hand.

{¶6} Welch does not argue that his sentence is unauthorized by law. Rather, Welch

argues that the court did not adequately comply with the R.C. 2929.14(C) findings prior to

imposing consecutive sentences. Pertinent to the consecutive portions of his prison terms, Welch

was sentenced to 12 months each for two, fifth-degree felonies, 36 months for various third- and

fourth-degree felonies, and three years for a first-degree felony. All of these terms are authorized

by R.C. 2929.14(A).

{¶7} At Welch’s plea hearing, the prosecutor, Welch’s attorney, and Welch himself

acknowledged on the record that they were agreeing to and jointly recommending to the court an

eight-year prison sentence. Furthermore, at Welch’s sentencing hearing, the court imposed an

eight-year prison sentence, stating that the court was “willing to agree and abide by the eight-year

recommendation.”

{¶8} Accordingly, we are precluded from reviewing Welch’s prison sentence, and his

sole assigned error is overruled.

{¶9} Judgment affirmed.

It is ordered that appellee recover of appellant costs herein taxed.

The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate be sent to the Cuyahoga County Court of Common

Pleas to carry this judgment into execution. The defendant’s conviction having been affirmed,

any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules

of Appellate Procedure.

PATRICIA ANN BLACKMON, JUDGE

TIM McCORMACK, P.J., and MARY J. BOYLE J., CONCUR