State v. Blosser

• Docket Number: CT2023-0060
• Decision Date: 18 January 2024
• Citation: 2024 Ohio 173
• Parties: STATE OF OHIO Plaintiff-Appellee v. WILLIAM R. BLOSSER, JR. Defendant-Appellee
• Court: Ohio Court of Appeals

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2024-Ohio-173

STATE OF OHIO Plaintiff-Appellee
v.
WILLIAM R. BLOSSER, JR. Defendant-Appellee

No. CT2023-0060

Court of Appeals of Ohio, Fifth District, Muskingum

January 18, 2024

Appeal from the Court of Common Pleas, Case No. CR2023-0150

For Plaintiff-Appellee

JOHN CONNOR DEVER

For Defendant-Appellant

CHRIS BRIGDON

Judges: Hon. Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. Andrew J. King, J.

OPINION

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King, J.

{¶ 1} Defendant-Appellant William R. Blosser, Jr. appeals the July 27, 2023 judgment of the Muskingum County Court of Common Pleas. Plaintiff-Appellee is the state of Ohio. We affirm the trial court.

Facts and Procedural History

{¶ 2} A recitation of the underlying facts is unnecessary for our resolution of this appeal. On March 8, 2023, the Muskingum County Grand Jury returned an indictment charging Blosser with one count of aggravated vehicular homicide, a felony of the second degree, one count of aggravated vehicular homicide, a felony of the third degree, one count of aggravated vehicular assault, a felony of the third degree, one count of vehicular assault, a felony of the fourth degree, and three counts of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them, misdemeanors of the first degree.

{¶ 3} Pursuant to plea negotiations with the state, Blosser agreed to enter pleas of guilty to aggravated vehicular homicide, a felony of the second degree, and aggravated vehicular assault, a felony of the third degree. In exchange, the state agreed to dismiss the balance of the indictment, and further agreed it would not argue for a sentence of greater than 10 years. The state further amended the aggravating circumstance for each count to driving under suspension.

{¶ 4} On June 5, 2023, Blosser entered pleas of guilty. The trial court ordered a presentence investigation and set the matter over for sentencing.

{¶ 5} Blosser appeared for sentencing on July 19, 2023. The trial court noted it had reviewed the presentence investigation, Blosser's extensive prior record, the fact that

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he was driving on a suspended license, and the fact that one person died and another was seriously injured as a result of Blosser's actions. The state noted, that while it was within the error rate of the per se level pursuant to R.C 4511.19(A)(1)(A), Blosser also had methamphetamine in his system at the time of the offense.

{¶ 6} The trial court sentenced Blosser to a mandatory indefinite term of incarceration of 6-9 years for aggravated vehicular homicide, and 4 years for aggravated vehicular assault. Blosser was ordered to serve the sentences consecutively.

{¶ 7} Blosser filed an appeal and the matter is now before this court for consideration. He raises one assignment of error as follows:

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{¶ 8} "THE PROPORTIONALITY OF THE SENTENCE WAS INCONSISTENT WITH THE PRINCIPLES SET FORTH O.R.C. §2929.11 AND FACTORS TO BE CONSIDERED IN O.R.C. §2929.12."

{¶ 9} In his sole assignment of error, Blosser argues the trial court failed to adequately consider the principles and purposes of sentencing as contained in R.C. 2929.11 and 2929.12. We disagree.

Applicable Law

{¶ 10} We review felony sentences using the standard of review set forth in R.C. 2953.08. State v. Roberts, 5th Dist. Licking No. 2020 CA 0030, 2020-Ohio-6722, ¶13, citing State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 22. R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record

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does not support the sentencing court's findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the...