State v. Stewart, Unpublished Decision (3-16-2005)
State v. Stewart, Unpublished Decision (3-16-2005)
Opinion of the Court
{¶ 3} In his sole assignment of error, Appellant has argued that the trial court erred when it imposed a two year term of incarceration. Specifically, Appellant has argued that the trial court erred when it failed to make the statutorily required findings when it sentenced Appellant to more than the minimum term of incarceration. We disagree.
{¶ 4} This Court will not disturb a sentence imposed by a trial court unless we find, by clear and convincing evidence, that the sentence is not supported by the record or is contrary to law. State v. Harrold, 9th Dist. No. 21797,
{¶ 5} Furthermore, it is well established that an appellant bears the burden of providing this Court with the record in support of his assignment of error on appeal. State v. Vonnjordsson (July 5, 2001), 9th Dist. No. 20368, at 5 (Citations omitted.) See, also, Knapp v. EdwardsLaboratories (1980),
{¶ 6} Turning first to the record submitted to this Court by Appellant, at Appellant's sentencing hearing the trial court stated, prior to imposition of sentence, that it had reviewed Appellant's pre-sentence investigation ("PSI") report, as well as Appellant's sentencing memorandum. However, Appellant has failed to transmit the PSI to this Court in support of the instant matter. As a result, we do not know the facts and circumstances that supported Appellant's original indictment for trafficking in cocaine and marijuana; Appellant's criminal history, if any; or any mitigating factors that would support a modification of the sentence Appellant now claims is unjust. In short, we have nothing to review as Appellant has provided us with nothing in support of his sole assignment of error. As such, this Court must presume that the PSI contained evidence that properly supported the trial court's imposition of a two year term of incarceration and that, as a result, the two year term of incarceration is not contrary to law. See Vonnjordsson, supra, at 5.
{¶ 7} Assuming, arguendo, that Appellant was a first time offender as he has claimed, we turn next to his argument that the trial court failed to make the statutorily required findings when it imposed more than the minimum term of incarceration.
{¶ 8} Pursuant to R.C.
{¶ 9} Our review of both the transcript from the sentencing hearing as well as the journal entry imposing sentence reveals that the trial court found that the minimum term of incarceration would demean the seriousness of Appellant's offense. Such a finding satisfied both R.C.
{¶ 10} Based on the foregoing, this Court concludes that the trial court did not err when it imposed a two year term of incarceration for the offense of trafficking in cocaine. Appellant's sole assignment of error lacks merit.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
Exceptions.
Slaby, P.J., Moore, J. Concur.
Reference
- Full Case Name
- State of Ohio v. James M. Stewart
- Cited By
- 1 case
- Status
- Unpublished