State v. Johnston, Unpublished Decision (7-26-2000)
State v. Johnston, Unpublished Decision (7-26-2000)
Opinion of the Court
OPINION
Appellant Dawn Johnson appeals the sentence imposed by the Ashland County Court of Common Pleas on the basis that it was excessive. The following facts give rise to this appeal. On February 2, 1999, the Ashland County Grand Jury indicted Shawn Plummer, appellant's boyfriend, for two counts of trafficking in LSD and one count of theft. Plummer absconded, prior to a scheduled hearing, and the trial court issued a bench warrant for his arrest on April 5, 1999. On this same date, Ashland Police Officers contacted appellant, at her residence, and asked her about Plummer's whereabouts. Appellant denied any knowledge. On April 24, 1999, after Plummer allegedly threatened a police informant, officers returned to appellant's residence. Appellant again claimed Plummer was not at the residence. The officers asked permission to search her residence. Appellant did not own the property, however, the owner was contacted and gave consent for the search. During the search, officers found Plummer hiding under a stack of stuffed animals inside the residence. The officers subsequently learned that Plummer was also present, at the residence, when they visited on April 5, 1999. Appellant admitted that she knew Plummer was a fugitive. On April 30, 1999, the Ashland County Grand Jury indicted appellant for obstruction of justice. While free on bond, appellant stole $1,200 from her employer and fled to the State of Texas. Following this incident, the Ashland County Grand Jury indicted appellant for one count of theft. On August 24, 1999, appellant entered guilty pleas to the charges contained in both indictments. The trial court sentenced appellant on October 4, 1999, for four years on the count of obstructing justice and nine months on the count of theft. The trial court also imposed fines totaling $3,500. Appellant timely filed a notice of appeal and sets forth the following assignment of error for our consideration:I. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR BY SENTENCING THE DEFENDANT-APPELLANT TO SERVE FOUR YEARS AND NINE MONTHS IN PRISON AND PAY FINES OF $3,500.
Standard of Review
We no longer review sentencing under an abuse of discretion standard. Under Senate Bill 2, enacted in 1995, an appellate court's review of an appeal from a sentence was modified. R.C.
(a) That the record does not support the sentence; * * * (c) That the sentence included a prison term, that the offense for which it was imposed is a felony of the fourth or fifth degree * * *, that the court did not specify in the finding it makes at sentencing that if found one or more of the factors specified in divisions (B)(1)(a) to (h) of section
2929.13 of the Revised Code for determining whether to impose a prison term for such an offense were not followed or that those procedures were followed but there is an insufficient basis for imposing a prison term for the offense;(d) That the sentence is otherwise contrary to law. It is these guidelines under which we review appellant's sole assignment of error.
We find the above language, contained in the sentencing judgment entry of the trial court, complies with the statutory requirement that the trial court make this finding "on the record." Appellant also argues the fines imposed by the trial court are contrary to law because she is indigent and the trial court should have determined her ability to pay the fines. Under R.C.
For the foregoing reasons, the judgment of the Court of Common Pleas, Ashland County, Ohio, is hereby affirmed.
___________________ Wise, J.
By: Farmer, P.J., and Edwards, J., concur.
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