State v. Coffee, Unpublished Decision (11-8-2002)
State v. Coffee, Unpublished Decision (11-8-2002)
Opinion of the Court
OPINION
{¶ 1} Michael L. Coffee appeals from a judgment of the Montgomery County Court of Common Pleas, which sentenced him to a prison term of eleven months after he failed to complete intervention in lieu of conviction ("ILC") for possession of cocaine.{¶ 2} The facts are essentially undisputed. In 1999, Coffee was charge with possession of cocaine, a felony of the fifth degree. At Coffee's request, the trial court granted intervention in lieu of conviction, accepted his plea of guilty in accordance with R.C.
{¶ 3} Coffee raises one assignment of error on appeal.
{¶ 4} "THE TRIAL COURT COMMITTED ABUSE OF DISCRETION WHEN IT DEVIATED FROM THE STATUTORY GUIDELINES IN SENTENCING THE DEFENDANT TO ELEVEN MONTHS."
{¶ 5} The minimum sentence for the offense of which Coffee was convicted is six months. Coffee claims that the facts of the case could not have supported both the trial court's determination that he was eligible for intervention in lieu of conviction and its determination that he deserved more than the minimum sentence.
{¶ 6} R.C.
{¶ 7} "The sentencing court shall consider all of the following that apply regarding the offender, and any other relevant factors, as factors indicating that the offender is likely to commit future crimes:
{¶ 8} "* * *
{¶ 9} "The offender has demonstrated a pattern of drug or alcohol abuse that is related to the offense, and the offender refuses to acknowledge that the offender has demonstrated that pattern, or the offender refuses treatment for the drug or alcohol abuse."
{¶ 10} Drug abuse was related to the offense because Coffee was convicted of possession of cocaine and, in granting ILC, the trial court had necessarily found that Coffee's "drug or alcohol usage was a factor leading to" the charge of possession of cocaine. See R.C.
{¶ 11} The assignment of error is overruled.
{¶ 12} The judgment of the trial court will be affirmed.
FAIN, J. and GRADY, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.