[Cite as State v. Pippin, 2019-Ohio-1387.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY State of Ohio Court of Appeals No. L-18-1023 Appellee Trial Court No. CR0201702097 v. William Jesse Pippin DECISION AND JUDGMENT Appellant Decided: April 12, 2019 ***** Julia R. Bates, Lucas County Prosecuting Attorney, and Lauren Carpenter, Assistant Prosecuting Attorney, for appellee. Adam H. Houser, for appellant. ***** ZMUDA, J. I. Introduction {¶ 1} Appellant, William Pippin, appeals the judgment of the Lucas County Court of Common Pleas, sentencing him to a maximum prison term following his guilty plea to one count of domestic violence. Finding no error, we affirm. A. Facts and Procedural Background {¶ 2} On May 16, 2017, appellant and his live-in girlfriend got into an argument at their home in Holland, Ohio, that escalated to a physical confrontation with appellant, the aggressor, and his girlfriend, the victim. The state charged appellant with one count of domestic violence, in violation of R.C. 2919.25(A) and (D)(3), a felony of the fourth degree. Appellant had a previous misdemeanor conviction for domestic violence, in 2007. Pursuant to a plea agreement, appellant entered a plea of guilty to the indictment in exchange for the state’s agreement to remain silent at the time of sentencing. {¶ 3} On January 16, 2018, the trial court held a sentencing hearing, and heard statements in mitigation from appellant’s attorney, as well as a statement from the victim. In her statement to the court, the victim referenced ongoing, abusive conduct by appellant in general terms, spanning their entire relationship, with no mention of the specific offense for which appellant was charged. In imposing its sentence, the trial court indicated it considered appellant’s presentence investigation report, considered the principles and purposes of sentencing under R.C. 2929.11, and balanced the serious and recidivism factors under R.C. 2929.12. {¶ 4} At sentencing, the trial court stated the following: The Court finds the defendant has been convicted of domestic violence, a misdemeanor – strike that – a felony of the fourth degree. The Court also finds a number of factors. This Court has reviewed your record. Mr. Pippin, you have a previous domestic violence charge that was 2. amended from a misdemeanor of the first degree to a misdemeanor of the fourth degree. That was in September of 2007. You also have been charged with assault in September of 2007, which was ultimately dismissed. You were charged with assault in Sylvania Municipal Court in November or 2016. Apparently that was dismissed. Apparently in May of ’17 there was a violation of a protection order, two counts of that, which were ultimately dismissed. And then these cases were bound over and presumably in front of me. Also, in May there was a contempt of court. So you apparently don’t follow the terms and conditions that were given to you in Sylvania Municipal Court resulting in a contempt of court conviction of which you were sentenced on. The Court would also find that there were ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals