Opinion
No. 106517
08-23-2018
STATE OF OHIO PLAINTIFF-APPELLEE v. SHAMEKA TURNER DEFENDANT-APPELLANT
ATTORNEY FOR APPELLANT Mary Catherine Corrigan 4403 St. Clair Avenue Cleveland, OH 44103 ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor Brandon Piteo Assistant County Prosecutor Justice Center, 9th Floor 1200 Ontario Street Cleveland, OH 44113
JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case Nos. CR-16-611245-A and CR-17-613897-B BEFORE: McCormack, J., E.A. Gallagher, A.J., and Boyle, J.
ATTORNEY FOR APPELLANT
Mary Catherine Corrigan
4403 St. Clair Avenue
Cleveland, OH 44103
ATTORNEYS FOR APPELLEE
Michael C. O'Malley
Cuyahoga County Prosecutor Brandon Piteo
Assistant County Prosecutor
Justice Center, 9th Floor
1200 Ontario Street
Cleveland, OH 44113 TIM McCORMACK, J.:
{¶1} Defendant-appellant Shameka Turner ("Turner") appeals her two-year prison sentence. For the reasons that follow, we affirm. Procedural and Substantive History
{¶2} Turner's appeal stems from two separate criminal cases. On February 21, 2017, Turner was indicted in Cuyahoga C.P. No. CR-17-613897-B on one count of aggravated burglary in violation of R.C. 2911.11(A)(2), three counts of aggravated burglary in violation of R.C. 2911.01(A)(1), and three counts of kidnapping in violation of R.C. 2905.01(A)(2). All seven counts carried one- and three-year firearm specifications. These charges were the result of a home invasion, victimizing a mother and her two minor children, committed by Turner and two codefendants, one of whom was armed.
{¶3} Turner had also been charged on November 10, 2016, in Cuyahoga C.P. No. CR-16-611245-A with one count of receiving stolen property.
{¶4} On June 16, 2017, Turner pleaded guilty to one amended count of robbery and three amended counts of abduction in Case No. CR-17-613897-B and one count of receiving stolen property as charged in Case No. CR-16-611245-A. The firearm specifications and remaining counts in CR-17-613897-B were dismissed.
{¶5} The trial court held a sentencing hearing on October 18, 2017. The court heard from the prosecutor and defense counsel, the victim of the home invasion, and Turner. The court sentenced Turner to two years in prison on each count in CR-17-613897-B, to run concurrently to each other and concurrently to the 18-month sentence imposed in CR-16-611245-A, for a total sentence of two years. Turner was given jail-time credit for 353 days.
{¶6} Turner appeals her sentence, raising one assignment of error for our review, arguing that her sentence is contrary to law. Law and Analysis
{¶7} In Turner's sole assignment of error, she argues that her sentence is contrary to law because the record does not show that the trial court considered the statutory purposes of felony sentencing in R.C. 2929.11 or the corresponding factors in R.C. 2929.12.
{¶8} Pursuant to R.C. 2953.08(G)(2), a reviewing court may increase, reduce, or otherwise modify a felony sentence if it clearly and convincingly finds that either (a) the record does not support certain required statutory findings or (b) the sentence is otherwise contrary to law. A sentence is contrary to law if the court fails to consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors set forth in R.C. 2929.12.
{¶9} R.C. 2929.11(A) establishes that the overriding purposes of felony sentencing are to protect the public from future crime by the offender and to punish the offender using the minimum sanctions that the court determines will accomplish those purposes. While sentencing courts have discretion to determine how best to comply with these purposes, R.C. 2929.12 provides a list of factors that courts must consider in felony sentencing. Courts must carefully consider these purposes and factors, but "it is not necessary for the trial court to articulate its consideration of each individual factor as long as it is evident from the record that the principles of sentencing were considered." State v. Gonzalez, 8th Dist. Cuyahoga No. 102579, 2015-Ohio-4765, ¶ 6, citing State v. Roberts, 8th Dist. Cuyahoga No. 89236, 2008-Ohio-1942, ¶ 10.
{¶10} A review of the record in this case shows that the trial court considered the relevant factors in R.C. 2929.11 and 2929.12, and therefore, Turner's sentence was not contrary to law. First, the sentencing journal entries both indicate that the court "considered all required factors of the law" and further, that "the court finds that prison is consistent with the purpose of R.C. 2929.11." Turner argues that the trial court's decision to sentence her to two years in prison is based on an arbitrary determination that her behavior was equivalent to that of one of her codefendants. On the contrary, the trial court heard an extended discussion of Turner's relative culpability, including the fact that, unlike her codefendants, she did not know the victim's family and did not bring a gun into the house. A review of the sentencing transcript also reveals that the court considered the harm done to the victims, Turner's juvenile record, criminal history, her age and education level, her involvement in the crimes, the seriousness of her conduct, and her risk of reoffending. The trial court also engaged in a discussion with defense counsel as to Turner's potential for rehabilitation. We note that the trial court imposed a sentence well within the statutory limits. In light of the foregoing, we cannot clearly and convincingly find that Turner's sentence is contrary to law. Therefore, we overrule the sole assignment of error.
{¶11} Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. /s/_________
TIM McCORMACK, JUDGE EILEEN A. GALLAGHER, A.J., and
MARY J. BOYLE, J., CONCUR