State v. Sisson, Unpublished Decision (12-20-2002)
State v. Sisson, Unpublished Decision (12-20-2002)
Opinion of the Court
{¶ 2} On July 2, 2000, patrolling Toledo police spotted a vehicle reported stolen. When police tried to stop the vehicle, the driver fled at high speed. Police gave chase until the stolen car turned the wrong way on a boulevard and collided with another car. As a result of that collision, the occupants of that car, Ricardo and Darlene Barney, were killed. The driver of the stolen vehicle, appellant Jacob Sisson, fled the scene on foot, but was later found hiding a short distance away.
{¶ 3} On July 31, 2001, a Lucas County Grand Jury indicted appellant on two counts of aggravated vehicular homicide, failure to comply with a police order and receiving stolen property. Eventually, appellant pled no contest to the vehicular homicide and failure to comply charges. On November 9, 2001, the trial court sentenced appellant to two mandatory six-year terms of incarceration for the aggravated vehicular homicides and an additional four years for failure to comply. All of these sentences were ordered to be served consecutively. From this judgment and sentence appellant now brings this appeal.
{¶ 4} Pursuant to Anders v. California (1967),
{¶ 5} Pursuant to Anders, appellate counsel has filed a brief setting forth two potential assignments of error:
{¶ 6} "Issue One
{¶ 7} "Whether the no contest plea entered by appellant was entered knowing, intelligently and voluntarily.
{¶ 8} "Issue Two
{¶ 9} "Whether the sentence imposed by the trial court was excessive."
{¶ 12} With respect to making these sentences consecutive, the court found that appellant was under community control when the offenses were committed, appellant's conduct caused great harm, resulting in two deaths, and that appellant's prior criminal history demonstrated that consecutive terms were necessary to protect the public, punish the offender, and would not be disproportionate given appellant's conduct and the danger he poses. These findings are supported by the record and are in conformity with R.C.
{¶ 13} Consequently, we conclude that appellant's second potential assignment of error is without merit.
{¶ 14} Moreover, we have thoroughly and independently reviewed the record for other potential errors and conclude that the proceedings were free from procedural errors and conducted without infringement of appellant's rights.
{¶ 15} Accordingly, we conclude that this case presents no arguable issues meriting review and this appeal is without merit. Appellant's counsel's motion to withdraw is, hereby, granted.
{¶ 16} The judgment of the Lucas County Court of Common Pleas is affirmed. Costs to appellant.
JUDGMENT AFFIRMED.
Peter M. Handwork, J., Mark L. Pietrykowski, P.J., and George M.Glasser, J., CONCUR.
Judge George M. Glasser, retired, sitting by assignment of the Chief Justice of the Supreme Court of Ohio.
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