State v. Johnson, Unpublished Decision (6-10-2005)
State v. Johnson, Unpublished Decision (6-10-2005)
Opinion of the Court
{¶ 2} This case involves a scheme hatched by the defendant, to kill her husband's girlfriend with the help of the defendant's own seven year old son and a companion friend of his, also a juvenile, by igniting a propane heater in the trailer where the girlfriend lived, which necessarily posed danger to adjoining trailers and involving perhaps the deaths of other people. The motive was revenge, and the appellant argues on appeal that considering her past history, unblemished by criminal conduct, and the trauma she had lived through in her life, including that inflicted upon her by her then husband and his girlfriend, the sentence was too harsh under all the circumstances.
{¶ 3} The record clearly shows that the trial court considered all the statutory required factors and made its findings and its reasons for those findings on the record in imposing the sentences. The appellant is essentially arguing that the trial court abused its discretion in imposing too harsh a series of sentences.
{¶ 4} As appellee points out, however, this court has already held that an abuse of discretion claim is not a proper ground for appeal, or a matter for which the statute permits appellate review. R.C.
{¶ 5} The assignment of error is overruled, and the judgment is Affirmed.
Brogan, P.J., and Donovan, J., concur.
(Hon. Frederick N. Young, Retired from the Court of Appeals, Second Appellate District, Sitting by Assignment of the Chief Justice of the Supreme Court of Ohio)
Reference
- Full Case Name
- State of Ohio v. Sherry Lee Johnson
- Cited By
- 4 cases
- Status
- Unpublished