State v. McClurg, Unpublished Decision (10-3-2005)
State v. McClurg, Unpublished Decision (10-3-2005)
Opinion of the Court
{¶ 2} On January 13, 2005, McClurg was indicted for one count of breaking and entering under R.C.
{¶ 3} The charges resulted from an incident where McClurg, Danny Zimmer, and someone named Clint broke in to R.H. Roofing sometime on November 25 or 26, 2004. During the break-in, McClurg, Zimmer, and Clint stole three loads of tools and office equipment from the business.
{¶ 4} On February 9, 2005, McClurg pled guilty to breaking and entering as a part of a plea agreement. Under the terms of the plea agreement, the prosecution agreed to dismiss the charge of grand theft.
{¶ 5} On March 16, 2005, the trial court held a sentencing hearing and sentenced the defendant to twelve months in prison, which is the maximum sentence pursuant to R.C.
{¶ 6} It is from this maximum sentence that McClurg appeals.
{¶ 7} In his sole assignment of error, McClurg argues the trial court erred when it imposed the maximum sentence. Within this assignment of error, McClurg asserts that the trial court's finding that the victim suffered psychological harm under R.C.
{¶ 8} In reviewing a felony sentence, an appellate court may not modify or vacate and remand a sentence unless it finds, by clear and convincing evidence, that the record does not support the sentencing court's findings or is otherwise contrary to law. See R.C.
{¶ 9} When sentencing a defendant, the trial court may sentence an offender to the maximum term only if it finds that the defendant is a person who "committed the worst forms of the offense [or] * * * who pose[s] the greatest likelihood of committing future crimes." R.C.
{¶ 10} In sentencing McClurg to the maximum sentence, the trial court determined that he posed "the greatest likelihood of committing future offenses." In determining whether an offender poses the greatest likelihood of committing future crimes under R.C.
{¶ 11} R.C.
{¶ 12} McClurg does not dispute the trial court's finding of economic harm, but he challenges the finding of psychological harm under R.C.
{¶ 13} Under the recidivism factors listed in R.C.
{¶ 14} Moreover, McClurg has several offenses on his record as an adult. McClurg was sentenced to the Ohio Department of Rehabilitation and Correction for receiving stolen property. Further, his record contains convictions for theft, driving under suspension, and persistent disorderly conduct. At the time of sentencing, charges were pending against McClurg for petty theft and assault in Lakeview, Ohio.
{¶ 15} The trial court also found that McClurg had "not been rehabilitated to a satisfactory degree."
{¶ 16} Assuming, arguendo, that the trial court's findings of psychological harm and organized crime are unsupported by the record, McClurg is still unable to meet the clear and convincing standard required to overturn the trial court's sentence.
{¶ 17} The trial court's uncontested finding of economic harm, McClurg's extensive criminal history both as a juvenile and an adult, and the finding of unsatisfactory rehabilitation are adequate justifications for the trial court's finding that McClurg posed the "greatest likelihood of committing future crimes" even if the trial court found the defendant to have genuine remorse. Accordingly, this Court cannot determine by clear and convincing evidence that the trial court's imposition of a maximum sentence was unsupported by the record or was contrary to law.See R.C.
{¶ 18} McClurg also argues that the sentencing court did not state its reason for imposing a maximum sentence. When sentencing a defendant to a maximum sentence, the trial court is required to state its reasons for imposing the maximum sentence. R.C.
{¶ 19} The appellant's assignment of error is overruled for the foregoing reasons.
{¶ 20} Having found no error prejudicial to appellant herein, in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment affirmed. Rogers and Shaw, J.J., concur.
Reference
- Full Case Name
- State of Ohio v. Richard L. McClurg, II
- Cited By
- 1 case
- Status
- Unpublished