State v. Coursey, 06ap-1295 (8-28-2007)
State v. Coursey, 06ap-1295 (8-28-2007)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant, Stephen H. Coursey, appeals from a judgment of the Franklin County Court of Common Pleas denying his November 7, 2006 motion for modification of sentence. Defendant assigns a single error:The trial court abused its discretion when it overruled the appellant's motion for sentence modification.
Because the trial court properly denied defendant's motion, we affirm.
{¶ 2} By indictment filed November 30, 2000, defendant was charged with one count of aggravated robbery, two counts of robbery, and one count of kidnapping, each *Page 2
with a specification pursuant to R.C.
{¶ 3} On November 7, 2006, defendant filed a "Motion for Modification of Felony Sentence." In it, defendant contended the court should modify his sentence because "the offense was not more serious than conduct normally constituting the offense of Aggravated Robbery," as neither he nor his accomplice caused any harm to the victim. (Motion, at 2.) Defendant further pointed out that he "made some significant advances since his incarceration," noting he obtained his G.E.D., is a certified tutor, completed several programs under the heading of theological studies, and completed 1,700 hours in an Ohio Penal Industries Print Shop Apprentice Program. Id. As additional grounds for granting the motion, defendant stated he not only would be continuing his work in the print shop, but would be enrolling as a student at Hocking College in November 2006. Finally, defendant contended he was entitled to relief because he "has developed tremendously over the past five years. His sense of morality serves to regulate his conduct and there is not a possibility that he will re-offend in the future." Id.
{¶ 4} The state filed a memorandum in opposition to defendant's motion, asserting (1) R.C.
{¶ 5} As the common pleas court properly observed, it does "not have inherent power to suspend execution of a sentence in a criminal case and may order such suspension only as authorized by statute." State v.Smith (1989),
{¶ 6} The only pertinent authorizing statute in this case is R.C.
{¶ 7} Defendant's stated prison term in this case is 11 years: eight years on the aggravated robbery charge and three consecutive years of actual incarceration on the gun specification. Because defendant's sentence exceeds ten years, he in not an eligible offender, leaving the court without authority to reduce his sentence. R.C.
{¶ 8} In an effort to circumvent the governing statutory and common law, defendant suggests the Supreme Court of Ohio in State v.White,
{¶ 9} Contrary to defendant's contentions, the legislature has not been silent on the issue of sentence modification. Rather, the statute specifically provides the trial court *Page 5
shall not reduce the stated prison term of an offender who is not an eligible offender. In the face of such specific language, the trial court had no discretion to reduce defendant's sentence. In the final analysis, because defendant is not an eligible offender under R.C.
{¶ 10} Accordingly, defendant's single assignment of error is overruled, and the judgment of the trial court is affirmed.
Judgment affirmed.
*Page 1BROWN and TYACK, JJ., concur.
Reference
- Full Case Name
- State of Ohio v. Stephen H. Coursey
- Cited By
- 1 case
- Status
- Published