State v. Reinhart, Unpublished Decision (6-6-2005)
State v. Reinhart, Unpublished Decision (6-6-2005)
Opinion of the Court
OPINION
{¶ 1} Defendant-Appellant, Kenneth S. Reinhart, appeals from a judgment of the Wyandot County Common Pleas Court, sentencing Reinhart on one count of domestic violence in violation of R.C.{¶ 2} In June of 2004, Reinhart was charged with knowingly causing or attempting to cause physical harm to a family member in violation of R.C.
{¶ 3} On November 17, 2004, the trial court conducted a sentencing hearing. After considering the pre-sentence report and all of the evidence in the record, the trial court found that Reinhart had caused physical harm to a person and that he had been previously convicted of a similar offense. The trial court further stated that after considering the seriousness and recidivism factors in R.C.
Defendant has been convicted of three prior domestic violencecharges; has a probation violation associated with a domesticviolence conviction in 2000; has undergone counseling andtreatment for alcohol abuse, yet has not responded favorably; hascompleted the Turning Point domestic violence prevention program,but has re-offended; has a pattern of alcohol abuse, which isproven by his past D.U.I and disorderly conduct offenses, butrefuses to acknowledge that he has a problem; and has shown noremorse for his actions, which terrorized the children in thehome and harmed and frightened the victim.
{¶ 4} Accordingly, the trial court sentenced Reinhart to six months in prison and gave him credit for five days served. It is from this sentence that Reinhart appeals, presenting the following assignment of error for our review.
{¶ 5} In his sole assignment of error, Reinhart contends that the trial court violated his right to a trial by jury when it imposed a prison term upon him based on findings not admitted by him or submitted to a jury. Reinhart relies upon the holding inBlakely for this proposition. This Court has previously ruled that the holding in Blakely does not apply to Ohio's sentencing scheme. State v. Trubee, 3rd Dist. No. 9-03-65, 2005-Ohio-552, at ¶ 16-38. Therefore, because Reinhart's appeal is based exclusively on the argument that Blakely applies to Ohio's laws, his sole assignment of error overruled.
{¶ 6} Having found no error prejudicial to the appellant herein, in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment affirmed. Bryant and Shaw, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.