State v. Richardson, Unpublished Decision (3-30-2005)
State v. Richardson, Unpublished Decision (3-30-2005)
Opinion of the Court
Defendant-appellant Melissa Richardson appeals the two-year prison sentence imposed by the trial court following her no-contest plea to burglary in violation of R.C.
In her sole assignment of error, Richardson argues that her sentence is contrary to law and is not supported by the record. More particularly, she contends that her sentence is inconsistent with the sentences of her two co-defendants and with the sentences of other offenders sentenced for burglary in Hamilton County within the same six-month period as she. Richardson also takes issue with the trial court's findings, or lack thereof, and argues that, at the sentencing hearing, she successfully rebutted the statutory presumption of prison for a second-degree felony.
R.C.
This court has held that the goal of felony sentencing pursuant to R.C.
In this case, the record reflects that the trial court considered the relevant statutory factors at Richardson's sentencing hearing. The trial court noted that Richardson had pleaded no-contest to burglary, a second-degree felony that carried a presumption of imprisonment. The trial court then reviewed and weighed the statutory factors relating to recidivism and the seriousness of the crime. The trial court stated that the victims had suffered serious psychological harm, thus making the offense more serious than conduct normally constituting the offense. Under the recidivism factors, the trial court stated that Richardson was likely to commit future crimes because she had prior delinquencies and convictions. Thus, the trial court found that Richardson was unable to overcome the statutory presumption of a prison term. Because the trial court engaged in the appropriate statutory analysis by weighing the relevant statutory factors, and because those findings are supported by the record, we cannot say the trial court's imposition of a prison term is contrary to R.C.
Moreover, there is no evidence in the record to show that Richardson's sentence is inconsistent with or disproportionate to other Hamilton County offenders or to the sentences of her co-defendants. According to Richardson's own statistics, only fifteen percent of Hamilton County offenders convicted of second-degree burglary within the same time frame as Richardson were able to rebut the presumption of prison. The remaining eighty-five percent of offenders received prison terms. Richardson's sentence is also not disproportionate to the sentences of her two co-defendants. The adult co-defendant pleaded guilty to breaking and entering, a fourth-degree felony and received ninety days in jail and five years' community control. The juvenile co-defendant was adjudicated delinquent for breaking and entering and sentenced to a juvenile detention facility. The record reveals that Richardson was described by her co-defendants as the "ringleader" of the group, who had planned the burglary and had told them what role to play. Richardson and the juvenile codefendant had entered the house and each brought stolen items outside, while the adult codefendant had acted as the lookout. The trial court was entitled to take these facts, as well as Richardson's prior criminal history, into consideration as justification for imposing a longer prison term on Richardson.8
Because Richardson's prison sentence was commensurate with the seriousness of her offense and her criminal history and was not directly disproportionate to the sentences imposed upon her co-defendants or upon similar Hamilton County offenders, we overrule her sole assignment of error and affirm the judgment of the trial court.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Doan, P.J., Painter and Sundermann, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.