State v. Felber, Unpublished Decision (2-5-2003)
State v. Felber, Unpublished Decision (2-5-2003)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellant, Gregory Felber, appeals the decision of the Medina County Court of Common Pleas, which sentenced him to a term of three years imprisonment and suspended his driver's license for a period of ten years. We affirm.
{¶ 3} Trooper Sankoe of the Ohio State Highway Patrol was dispatched to the scene. Upon arriving on the scene, Trooper Sankoe spoke with Mr. Felber. Trooper Sankoe noticed an odor of alcohol on Mr. Felber's breath and his eyes appeared bloodshot and glassy. Trooper Sankoe then administered several field coordination tests. Based upon Mr. Felber's performance, Trooper Sankoe placed Mr. Felber under arrest. Mr. Felber was advised of his Miranda rights and transported to the highway patrol post.
{¶ 4} At the highway patrol post, Mr. Felber was again advised of his Miranda rights and agreed to give a statement and submit to a breathalyzer test. The breathalyzer test yielded a result of 0.178.
{¶ 5} Mr. Felber was indicted on two counts of aggravated vehicular assault, in violation of R.C.
{¶ 6} Mr. Felber timely appealed setting forth one assignment of error for review.
{¶ 8} In his sole assignment of error, Mr. Felber argues that the trial court abused its discretion by sentencing him to more than the minimum sentence for the crime for which he was convicted. Specifically, Mr. Felber avers that due to the fact that he had not previously served a prison term, he should have been sentenced to a prison term of one year, the shortest term allowed by statute. We disagree.
{¶ 9} When reviewing an appeal of a sentence, an appellate court may remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C.
{¶ 10} Mr. Felber appears to argue that the trial court did not properly consider the factors set forth in R.C.
{¶ 11} "The Code does not specify that the sentencing judge must use specific language or make specific findings on the record in order to evince the requisite consideration of the applicable seriousness and recidivism factors." Id., citing R.C.
{¶ 12} At Mr. Felber's sentencing hearing, the trial court stated:
{¶ 13} "I have reviewed the presentence report in this matter and I have had a chance to consider the factors in favor of and against incarceration and imprisonment under Section
{¶ 14} In its journal entry, the trial court stated:
{¶ 15} "The Court has considered the record, oral statements, any victim impact statement and presentence report prepared *** and has balanced the seriousness and recidivism factors under Ohio Revised Code section
{¶ 16} "***
{¶ 17} "The Court has considered the purposes and principles in Revised Code Section
{¶ 18} We are satisfied that the trial court properly considered the factors set forth in R.C.
{¶ 19} Mr. Felber pled no contest to and was found guilty of two counts of aggravated vehicular assault, a felony of the third degree. See R.C.
{¶ 20} R.C.
{¶ 21} In the present case, the trial court stated its reasons for imposing a sentence greater than the minimum at the sentencing hearing and in its journal entry. At the sentencing hearing, the court stated: "The minimum sentence would demean the seriousness of the offense based upon the factors that I have indicated." In its journal entry, the court stated: "The Court finds pursuant to Revised Code section
{¶ 22} In addition, Mr. Felber challenges the trial court's imposition of a driver's license suspension of ten years. R.C.
{¶ 23} "In addition to any other sanctions imposed, the court shall suspend the offender's driver's license *** for a definite period of two to ten years pursuant to section
{¶ 24} Given the seriousness of the injuries incurred by the multiple victims in this case, we cannot conclude that the trial court abused its discretion in imposing a driver's license suspension of ten years.
{¶ 25} A review of the record confirms that the trial court made the requisite findings for imposing a more than minimum sentence and a driver's license suspension of ten years. Accordingly, Mr. Felber's sole assignment of error is overruled.
SLABY, P.J. and WHITMORE, J., CONCUR.
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