State v. Furr, 07coa009 (3-14-2008)
State v. Furr, 07coa009 (3-14-2008)
Opinion of the Court
{¶ 2} On September 9, 2006, appellant pled guilty to one count of aggravated assault, in violation of R.C.
{¶ 3} On January 29, 2007, the trial court conducted a sentencing hearing. The trial court reviewed the pre-sentence investigation and noted that appellant had previously engaged in "assaultive behavior" which resulted in a conviction for disorderly conduct. January 29, 2007 Sentencing Transcript at 26. The trial court further stated that appellant demonstrated a "lack of self-control." Id. The trial court sentenced appellant to six months on each count to be served concurrently for a total of six months incarceration.
{¶ 4} Appellant now appeals raising a single Assignment of Error:
{¶ 5} "I. THE IMPOSITION OF A PRISON SENTENCE IN THIS CASE IMPOSES AN UNNECESSARY BURDEN ON STATE RESOURCES."
{¶ 6} In her sole assignment of error, appellant contends that her six month sentence is an unnecessary burden on state resources. We disagree.
{¶ 7} This Court has previously addressed this argument in State v.Ferenbaugh, Ashland App. No. 03COA038,
{¶ 8} "R.C.
{¶ 9} Upon review, we find the trial court's imposition of a jail term was appropriate in this matter, and does not impose an unnecessary burden on state or local resources. The record reveals that appellant assaulted her daughter with premeditation. Further, appellant has a previous misdemeanor conviction for similar behavior. Although appellant showed remorse, the trial court was unconvinced that the behavior would not reoccur.
{¶ 10} The trial court did not abuse its discretion or burden state resources by sentencing appellant to six months in prison on two felony counts. *Page 4
{¶ 11} For the foregoing reasons, appellant's single assignment of error is overruled. The decision of the Ashland County Common Pleas Court is affirmed.
*Page 5Delaney, J., Hoffman, P.J. and Farmer, J. concur.
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