State v. Skaggs, Unpublished Decision (11-15-2002)
State v. Skaggs, Unpublished Decision (11-15-2002)
Opinion of the Court
{¶ 2} Appellant, Stephanie Skaggs, was indicted on one count of felonious assault, a violation of R.C.
{¶ 3} In addition to the felonious assault charge, appellant was also charged with aggravated assault, a violation of R.C.
{¶ 4} Appellant now appeals that judgment, setting forth the following sole assignment of error:
{¶ 5} "The trial court erred when it sentenced defendant-appellant to a period of incarceration for a fifth degree felony."
{¶ 6} We initially note that appellant was found guilty of aggravated assault which is a fourth degree felony, not a fifth degree felony as set forth in appellant's assignment of error. R.C.
{¶ 7} An appellate court may not disturb a sentence imposed under felony sentencing law unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C.
{¶ 8} In this case, the court was aware that this was appellant's first offense and that the victim had initially provoked the confrontation. Nevertheless, due to appellant's total loss of control and her extreme infliction of injuries upon the victim, the trial court specifically found that appellant had committed the worst form of the offense. The record shows that the victim suffered extensive memory loss requiring her to undergo physical therapy to relearn speech, walking and basic living skills. The victim also lost much of her long and short term memories involving her child, family, and fiancé. She required the care of family members as she convalesced. Also, the victim's wedding was to occur at the time she was hospitalized and recovering from her injuries. Therefore, we cannot say that the sentence imposed is not supported by the record or is contrary to law. The trial court did not err in imposing the maximum sentence for a fourth degree felony.
{¶ 9} Accordingly, appellant's sole assignment of error is not well-taken.
{¶ 10} The judgment of the Lucas County Court of Common Pleas is affirmed. Court costs of this appeal are assessed to appellant.
JUDGMENT AFFIRMED.
Peter M. Handwork, J., James R. Sherck, J. and Mark L. Pietrykowski,P.J., CONCUR.
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