State v. McVicker, Unpublished Decision (11-16-2007)
State v. McVicker, Unpublished Decision (11-16-2007)
Opinion of the Court
{¶ 2} On May 15, 2006, appellant was indicted on two counts of felonious assault, in violation of R.C.
{¶ 3} On September 7, 2006, appellant withdrew his not guilty pleas and entered a guilty plea to one count of felonious assault. The remaining charges were dismissed. On October 26, 2006, appellant was sentenced to three years of imprisonment. This appeal followed.
{¶ 4} Appellant raises the following assignment of error:
{¶ 5} "The trial court's finding that the appellant should be sentenced in excess of the shortest prison term for a felony of the second degree was against the manifest weight of the evidence when considering the seriousness of the crime and recidivism factors pursuant to Ohio Revised Code 2929.12."
{¶ 6} This court has noted that "[a] trial court's discretion to impose a sentence within the statutory guidelines is very broad and an appellate court cannot hold that a trial court abused its discretion by imposing a severe sentence on a defendant where that sentence is within the limits authorized by the applicable statute. State v. Harmon, 6th Dist. No. L-05-1078,
{¶ 7} Trial courts must carefully consider the statutes that apply to every felony case. See State v. Mathis,
{¶ 8} In the present case, appellant was convicted of one count of felonious assault, R.C.
{¶ 9} Upon review, we cannot say that the trial court abused its discretion when it sentenced appellant to three years of imprisonment. Appellant's assignment of error is not well-taken.
{¶ 10} On consideration whereof, we find that substantial justice was done the party complaining, and the judgment of the Ottawa County Court of Common Pleas is affirmed. Appellant is ordered to pay the costs of this appeal pursuant to App.R. 24. Judgment for the clerk's expense incurred in preparation of the record, fees allowed by law, and the fee for filing the appeal is awarded to Ottawa County.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4.
Mark L. Pietrykowski, P.J., Arlene Singer, J., Thomas J. Osowik, J., CONCUR. *Page 1
Case-law data current through December 31, 2025. Source: CourtListener bulk data.