State v. Rogers, Unpublished Decision (7-3-2002)
State v. Rogers, Unpublished Decision (7-3-2002)
Opinion of the Court
{¶ 2} Rogers was indicted in two separate cases. In CR-409223, he was indicted in violation of R.C.
{¶ 3} On August 29, 2001, the day of trial, Rogers entered into a plea agreement with the State. In CR-409223, he entered a plea of guilty to an amended count of attempted possession of drugs, a misdemeanor of the first degree. In CR-410511, he entered pleas of guilty to count one, aggravated arson, a felony of the second degree, to an amended count three, attempted theft, a misdemeanor of the first degree, and to count four, attempted theft, a misdemeanor of the first degree. In return for agreeing to enter guilty pleas to those charges, the State agreed to dismiss count two, burglary, and count five, theft.
{¶ 4} The trial court accepted Rogers' pleas of guilty to the above-stated charges and immediately proceeded to sentencing. In CR-409223, he was sentenced to six months in jail for attempted possession of drugs as amended. In CR-410511, the trial court sentenced him to eight years on count one, aggravated arson; to six months on count three, attempted theft; and to six months on count four, attempted theft, with all counts to run concurrent to one another.
{¶ 5} It is from these sentences that Rogers now appeals. For the following reasons, the appellant's appeal is not well taken.
{¶ 6} The appellant asserts two assignments of error for this court's review. His first assignment of error states:
{¶ 7} I. THE TRIAL COURT IMPROPERLY SENTENCED THE APPELLANT TO THE MAXIMUM SENTENCE FOR AGGRAVATED ARSON WHERE THE RECORD DOES NOT SUPPORT THE COURT'S FINDINGS PURSUANT TO R.C.
2929.14 (C).
{¶ 8} In his first assignment of error, the appellant asserts that the trial court erred in sentencing him to the maximum allowable sentence by failing to find that he committed the worst form of the offense and posed the greatest likelihood of recidivism. In reviewing the sentencing transcript, it is clear that the appellant's assignment of error is without merit.
{¶ 9} An appellate court may only reverse a sentence if it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. In this case, the maximum prison sentence could only be imposed if the appellant was among the offenders who committed the worst forms of the offense or who posed the greatest likelihood for committing future crimes. R.C.
{¶ 10} At sentencing, the trial court clearly stated its reasons for sentencing the appellant to the maximum allowable sentence, in accordance with R.C.
{¶ 11} In further support of imposing the maximum sentence, the trial court stated that the offender posed the greatest likelihood of recidivism and based this reasoning on the fact that the appellant is a habitual offender with an extensive history of incarceration. Moreover, the trial court noted that the appellant had just been released from prison when he committed the instant crimes. Clearly, the appellant had made no effort to stop committing crimes.
{¶ 12} In light of the above, it is abundantly clear that the trial court satisfied the requirements of R.C.
{¶ 13} The appellant's second assignment of error states:
{¶ 14} II. THE TRIAL COURT COMMITTED AN ABUSE OF DISCRETION WHEN THE COURT DENIED THE APPELLANT'S REQUEST FOR A PSYCHOLOGICAL EVALUATION FOR SENTENCING PURPOSES.
{¶ 15} The appellant argues that the trial court committed an abuse of discretion by failing to order a psychiatric evaluation of the appellant prior to sentencing. This assignment of error is without merit.
{¶ 16} An abuse of discretion is more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable. State v. Clark,
{¶ 17} First, the appellant concedes that there is no statutory mandate which entitles the defendant to a psychological evaluation prior to sentencing. Moreover, a defendant has no absolute right to an independent psychiatric evaluation. State v. Marshall (1984),
{¶ 18} The appellant has failed to present any type of medical evidence that would warrant a reversal of the trial court's determination. The trial court did not err in denying the appellant's request for a psychological evaluation. As such, the appellant's second assignment of error is not well taken.
Judgment affirmed.
It is ordered that appellee recover from appellant 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 Common Pleas Court to carry this judgment into execution. Case remanded for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
KENNETH A. ROCCO, P.J., AND JAMES D. SWEENEY, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.