State v. Gettings

[Cite as State v. Gettings, 2022-Ohio-2691.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO, : Plaintiff-Appellee, : No. 111176 v. : ERIC GETTINGS, : Defendant-Appellant. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: August 4, 2022 Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-21-656501-A Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Ayoub Dakdouk, Assistant Prosecuting Attorney, for appellee. Rick L. Ferrara, for appellant. FRANK DANIEL CELEBREZZE, III, J.: Appellant Eric Gettings (“appellant”) appeals his sentence from the Cuyahoga County Court of Common Pleas, arguing that it is unconstitutional. After a thorough review of the facts and applicable law, we affirm the judgment of the trial court. I. Factual and Procedural History This appeal arises from appellant’s convictions and sentencing in two cases: Cuyahoga C.P. Nos. CR-20-654012-A and CR-21-656501-A.1 In CR-20- 654012-A, appellant pled guilty to two counts of attempted assault, a felony of the fifth degree. In CR-21-656501-A, appellant pled guilty to charges of robbery, a felony of the fifth degree; failure to comply, a felony of the fourth degree; and improperly discharging into habitation, a felony of the second degree, along with an accompanying firearm specification. At the time of his plea, the trial court indicated that Count 6, improperly discharging into habitation, was subject to the Reagan Tokes Law since it was a felony of the second degree committed after March 22, 2019, the effective date of Reagan Tokes. The court sentenced appellant as follows: In Case No. 654012, on each of the two felonies in the fifth degree, these are both attempted assault on a peace officer, you’ll receive twelve months on each of the two counts. They will run concurrent with each other. Up to three years of post-release control. But these will also run consecutive to Case No. 656501. Court finds that it is necessary to protect the public and punish the offender and it is not disproportionate to the conduct, and the crimes were committed while under sanctions, and also that the defendant’s criminal history shows that consecutive sentences are needed to protect the public. In Case No. 656501, as to the Count 3, the felony of the third degree, robbery, 24 months in prison. As to Count 7, having a weapon under disability, also a felony of the third degree, 24 months. As to Count 9, failure to comply with an order or signal, twelve months. He’ll also 1 The underlying substantive facts of this case are not relevant to the issues raised in this appeal. have a class 2 five-year driver’s license suspension in that charge and six points on his driver’s license. As to Count 6, improper discharging a firearm, a felony of the second degree, this is a qualifying felony. He’ll receive three years on his felony of the second degree. That’s the minimum term, plus one and a half years indefinite term, 4.5 total term, plus three years of the firearm specification to run …

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