State v. McCoy, Unpublished Decision (8-28-2002)
State v. McCoy, Unpublished Decision (8-28-2002)
Opinion of the Court
Defendant-appellant Derrice McCoy appeals the thirty-nine-year term of imprisonment imposed by the trial court pursuant to the mandate for resentencing issued by this court in State v. McCoy (Nov. 9, 2001), 1st Dist. Nos. C-000659 and C-000660. As the trial court gave reasons that supported its findings, and as those findings were supported by evidence in the record, the imposition of sentence is affirmed.
Upon remand, the trial court again sentenced McCoy to the maximum terms of imprisonment of eight years for trafficking in marijuana in proximity to a school and five years for possession of marijuana, for the offenses charged in the indictment numbered B-0003366; and ten years for possession of crack cocaine, five years for possession of marijuana, and one year for having a weapon while under a disability, for offenses charged in the indictment numbered B-9907916. The court also imposed an additional ten-year term of imprisonment for the major-drug-offender specification and ordered that all sentences be served consecutively.
In a single assignment of error, McCoy claims that the trial court erred in (1) imposing the additional ten-year term for the major-drug-offender specification, (2) imposing a prison term for the weapon-under-a-disability offense, and (3) making the sentences consecutive. See R.C.
McCoy first contests the trial court's imposition of an additional prison term of ten years upon the jury's verdict finding him guilty of possession of crack cocaine in excess of one hundred grams — the major-drug-offender specification. The additional term was appropriate, if the court, with respect to the term imposed for the underlying offense, found that the term imposed was inadequate to punish the offender and to protect the public from future crime and was demeaning to the seriousness of the offense, in light of the recidivism and seriousness factors listed in R.C.
In its felony-sentencing worksheet and in the sentencing hearing, the trial court made the statutory findings required in R.C.
McCoy next claims that the trial court erred in imposing a maximum prison term for the weapon-under-a-disability offense. See R.C.
McCoy's final contention, that the trial court erred in imposed consecutive sentences pursuant to R.C.
Here, the trial court made the required findings and gave reasons that supported those findings, first noting that a mandatory sentence was required for the major-drug-offender specification. See State v.Edmondson (1999),
Therefore, the judgments of the trial court are affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Gorman, P.J., Sundermann and Winkler, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.