State v. Staats, Unpublished Decision (10-11-2005)
State v. Staats, Unpublished Decision (10-11-2005)
Opinion of the Court
{¶ 2} Appellee is State of Ohio.
{¶ 4} Upon processing the stolen vehicle, drops of blood were collected from the interior which were then analyzed. Appellant's DNA matched the blood samples retrieved from the vehicle.
{¶ 5} The owner of the vehicle did not know appellant and had never given him permission to drive the vehicle.
{¶ 6} On June 17, 2004, Appellant Raymond E. Staats was indicted on one count of Receiving Stolen Property, in violation of R.C.
{¶ 7} On July 9, 2004, Appellant was arraigned and a entered a plea of not guilty.
{¶ 8} On February 7, 2005, this matter proceeded to jury trial.
{¶ 9} On February 8, 2005, the jury returned a verdict of guilty as charged in the indictment.
{¶ 10} A sentencing hearing was held wherein the State presented evidence of Appellant's extensive criminal history including previous prison terms. The trial court sentenced appellant to fifteen (15) months incarceration, court costs and restitution in the amount of $300.00.
{¶ 11} Appellant now appeals, assigning the following as error:
{¶ 14} After the enactment of Senate Bill 2 in 1996, an appellate court's review of an appeal from a felony sentence was modified. Pursuant to present R.C.
{¶ 15} The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following:
{¶ 16} "(a) That the record does not support the sentencing court's findings under division (B) or (D) of section
{¶ 17} "(b) That the sentence is otherwise contrary to law."
{¶ 18} Clear and convincing evidence is that evidence "which will provide in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established." Ross v. Ledford (1954),
{¶ 19} When reviewing a sentence imposed by the trial court, the applicable record to be examined by the appellate court includes the following: (1) the pre-sentence investigation report; (2) the trial court record in the case in which the sentence was imposed; and (3) any oral or written statements made to or by the court at the sentencing hearing at which the sentence was imposed. R.C.
{¶ 20} R.C. §
{¶ 21} In the case sub judice, Appellant was found guilty of receiving stolen property which is a fourth degree felony. The sentencing range for a fourth degree felony is six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen or eighteen months. The trial court sentenced Appellant to fifteen months, more than the minimum.
{¶ 22} Appellant argues that the statutory minimum sentence would have been more appropriate in this case and therefore the trial court erred in imposing a sentence of fifteen months.
{¶ 23} Upon review, we find that the trial court made the following pertinent findings on the record at the sentencing hearing:
{¶ 24} ". . . the Court finds that recidivism is more likely in this case because of the Defendant's extensive history of criminal convictions . . . and because of the fact that the Defendant was on parole at the time this offense was committed.
{¶ 25} ". . . pursuant to Revised Code 2929.13(B), that you have served previous prison terms, you were on probation — or on parole at the time the offense was committed. The Court finds that you are not amenable to community control, that prison is consistent with the purposes of R.C.
{¶ 26} Accordingly, we find no reversible sentencing error under R.C.
{¶ 27} Appellant's sole assignment of error is overruled.
{¶ 28} This cause is affirmed.
Boggins, P.J., Hoffman, J. and Edwards, J. concur.
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