State v. Sisson
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[Cite as State v. Sisson, 2002-Ohio-7111.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY State of Ohio Court of Appeals No. L-01-1499 Appellee Trial Court No. CR-01-2279 v. Jacob Sisson DECISION AND JUDGMENT ENTRY Appellant Decided: December 20, 2002 * * * * * Penny H. Nasatir, for appellant. * * * * * GLASSER, J. {¶1} Pleas. This is an appeal from the Lucas County Court of Common There, appellant pled no contest and was found guilty of two counts of aggravated vehicular homicide and one count of failure to comply with a police order. {¶2} On July 2, 2000, patrolling Toledo police spotted a vehicle reported stolen. When police tried to stop the vehicle, the driver fled at high speed. Police gave chase until the stolen car turned the wrong way on a boulevard and collided with another car. As a result of that collision, the occupants of that car, Ricardo and Darlene Barney, were killed. The driver of the stolen vehicle, appellant Jacob Sisson, fled the scene on foot, but was later found hiding a short distance away. {¶3} On July 31, 2001, a Lucas County Grand Jury indicted appellant on two counts of aggravated vehicular homicide, failure to comply with a police order and receiving stolen property. Eventually, appellant pled no contest to the vehicular homicide and failure to comply charges. On November 9, 2001, the trial court sentenced appellant to two mandatory six-year terms of incarceration additional for four the years aggravated for failure vehicular to homicides comply. All sentences were ordered to be served consecutively. and of an these From this judgment and sentence appellant now brings this appeal. {¶4} Pursuant to Anders v. California (1967), 386 U.S. 738, appellant's affidavit court-appointed and a motion to appellate withdraw, counsel has stating that filed an she has carefully reviewed the record and researched the law pertaining to this matter and has been unable to find arguable grounds for appeal. Counsel, therefore, seeks leave to withdraw pursuant to Anders. According to counsel, she has advised appellant of her motion and notified him of his right to file his own brief on appeal. {¶5} No such brief from appellant has been forthcoming. Pursuant to Anders, appellate counsel has filed a brief setting forth two potential assignments of error: {¶6} "Issue One {¶7} "Whether the no contest plea entered by appellant was entered knowing, intelligently and voluntarily. {¶8} "Issue Two {¶9} "Whether the sentence imposed by the trial court was excessive." I. {¶10} We have carefully examined the plea colloquy and note, as did appellate counsel, that it was conducted in full and complete compliance with Crim.R. 11. Moreover, our further review of the complete record reveals nothing which would suggest that appellant's plea voluntarily entered. was not knowingly, intelligently and Accordingly, appellant's first potential assignment of error is without merit. II. {¶11} The trial court sentenced appellant to a mandatory sixyear term of imprisonment for each of the aggravated vehicular homicides. This is within the mid-range of the sentencing options provided for second-degree felonies in R.C. 2929.14(A). The mandatory nature 2903.06(A)(2), (C). of An the sentence additional is required four year by term R.C. of incarceration was ordered for failure to comply with a police order, a third-degree felony pursuant to R.C. 2921.371(B), and (C)(5)(a)(i). This sentence is also in the mid-range pursuant to R.C. 2929.14(A). {¶12} With respect to making these sentences consecutive, the court found that appellant was under community control when the offenses were committed, appellant's conduct caused great harm, resulting in two deaths, and that appellant's prior criminal history demonstrated that consecutive terms were necessary to protect the public, disproportionate poses. punish given the offender, and conduct and appellant's would the not be danger he These findings are supported by the record and are in conformity with R.C. 2929.14(E)(4). Additionally, the trial court stated that it had balanced these factors and considered the purpose of sentencing in accordance with R.C. 2911.11 and 2911.12 in fashioning its sentencing order. {¶13} Consequently, we conclude that appellant's second potential assignment of error is without merit. {¶14} Moreover, we have thoroughly and independently reviewed the record proceedings for were other free potential from errors and procedural conclude errors and that the conducted without infringement of appellant's rights. {¶15} Accordingly, we conclude that this case presents no arguable issues meriting review and this appeal is without merit. Appellant's counsel's motion to withdraw is, hereby, granted. {¶16} The judgment of the Lucas County Court of Common Pleas is affirmed. Costs to appellant. JUDGMENT AFFIRMED. Peter M. Handwork, J. ____________________________ JUDGE Mark L. Pietrykowski, P.J. ____________________________ George M. Glasser, J. CONCUR. JUDGE ____________________________ JUDGE Judge George M. Glasser, retired, sitting by assignment of the Chief Justice of the Supreme Court of Ohio.
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