State v. Westerfield, Unpublished Decision (1-24-2002)
State v. Westerfield, Unpublished Decision (1-24-2002)
Opinion of the Court
On May 25, 2000, defendant was indicted for murder, in violation of R.C.
On October 16, 2000, the State amended the murder count in the indictment to involuntary manslaughter, a felony of the first degree, punishable by three to ten years incarceration, in yearly increments. Defendant pled guilty to this amended charge.
On November 17, 2000, the court conducted a sentencing hearing and considered the testimony of certain witnesses. In particular, defendant offered her own testimony and that of two witnesses from Templum House who offered their opinion that defendant suffered from Battered Womens Syndrome. In response, the State relied upon the evidence as presented in the police report and presentence investigation, arguing that the nature and circumstances of defendant's actions in causing the victim's death warranted the ten-year maximum sentence. In addition, the court heard testimony from the victim's mother and received numerous victim impact statements advocating that defendant receive the maximum sentence.
The court found that to impose the minimum sentence would demean the seriousness of the crime and would not adequately protect the public. The court further opined that "defendant has exhibited through this crime and the circumstances surrounding this crime an inability to appropriately respond to a situation and, in fact, acting out of inappropriate rage." (Tr. 37). Accordingly, the court sentenced defendant to eight years in prison, full credit for any time served, and advised defendant of post-release control. From this sentence defendant timely appeals and assigns a single error for our review:
I. THE TRIAL COURT ERRED IN SENTENCING THE APPELLANT ON THE INVOLUNTARY MANSLAUGHTER COUNT WHEN IT FAILED TO IMPOSE THE MINIMUM SENTENCE AS REQUIRED BY REVISED CODE SECTION
2929.14 (B).
Defendant maintains that R.C.
Here, at the sentencing hearing, the trial court stated the following:
The defendant did not act here in self-defense. She has admitted here to the officers that appeared shortly after on the scene that she did not feel threatened or afraid. I am extremely troubled by the fact that she left the room, went into the kitchen, got a knife and then later used that knife to kill the defendant (sic).
* * *
I will impose a sentence of prison and it will be a period greater than the minimum sentence of three years, as I find that to impose a minimum sentence would demean the seriousness of this crime and would not adequately protect the public. It is this Court's opinion that the defendant has exhibited through this crime and the circumstances surrounding this crime an inability to appropriately respond to a situation and, in fact, acting out of inappropriate rage.
(Tr. 36-37). Moreover, the court indicated on the record that it did not find the hearsay testimony opining that defendant suffered from Battered Womens Syndrome persuasive enough to overcome the presumption of prison in this case.
The record adequately shows that the trial court complied with the dictates of R.C.
Accordingly, defendant's assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the 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 A. BLACKMON, P.J., and COLLEEN CONWAY COONEY, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.