State v. Woodum ( 2018 )


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  • [Cite as State v. Woodum, 2018-Ohio-2440.]
    IN THE COURT OF APPEALS OF OHIO
    THIRD APPELLATE DISTRICT
    LOGAN COUNTY
    STATE OF OHIO,
    CASE NO. 8-17-53
    PLAINTIFF-APPELLEE,
    v.
    DOMINIQUE B. WOODUM,                                     OPINION
    DEFENDANT-APPELLANT.
    Appeal from Logan County Common Pleas Court
    Trial Court No. CR 17-02-0031
    Judgment Affirmed
    Date of Decision: June 25, 2018
    APPEARANCES:
    Samantha L. Berkhofer for Appellant
    Alice Robinson-Bond for Appellee
    Case No. 8-17-53
    WILLAMOWSKI, P.J.
    {¶1} Defendant-appellant Dominique B. Woodum (“Woodum”) brings this
    appeal from the judgment of the Court of Common Pleas of Logan County
    sentencing him to a prison term of eight years. Woodum claims that the trial court
    erred by failing to properly advise him and by not considering the statutory factors
    before imposing a maximum sentence.           For the reasons set forth below, the
    judgment is affirmed.
    {¶2} On or around November 30, 2016, Woodum provided drugs to the
    victim. Doc. 40. Soon after taking the drugs, the victim fell unconscious and
    suffered from labored breathing. 
    Id. The victim
    thereafter died due to a drug
    overdose that included Fentanyl. 
    Id. Woodum and
    two others removed the victim’s
    body from the apartment and hid it along with the victim’s truck. 
    Id. The missing
    body and truck were not found for three days. 
    Id. {¶3} On
    February 14, 2017, the Logan County Grand Jury indicted Woodum
    on four counts: 1) Involuntary Manslaughter in violation of R.C. 2903.04(A), a
    felony of the first degree; 2) Tampering with Evidence in violation of R.C.
    2921.12(A)(1), a felony of the third degree; 3) Abuse of a Corpse in violation of
    R.C. 2927.01(A), a misdemeanor of the second degree; and 4) Possession of
    Cocaine in violation of R.C. 2925.11(A), a felony of the fifth degree. Doc. 2.
    Woodum entered pleas of not guilty to all counts. Doc. 10. A superseding
    indictment was filed on April 11, 2017. Doc. 20. The new indictment added a
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    repeat violent offender specification to count one. 
    Id. Woodum entered
    a plea of
    not guilty to the specification at a second arraignment. Doc. 35.
    {¶4} On July 11, 2017, a second superseding indictment was filed. Doc. 42.
    The new indictment contained the following counts: 1) Involuntary Manslaughter
    in violation of R.C. 2903.04(A), a felony of the first degree; 2) Involuntary
    Manslaughter in violation of R.C. 2903.04(A), a felony of the first degree; 3)
    Corrupting Another with Drugs in violation of R.C. 2925.02(A)(3), a felony of the
    second degree; 4) Tampering with Evidence in violation of R.C. 2921.12(A)(1), a
    felony of the third degree; 5) Abuse of a Corpse in violation of R.C. 2927.01(A), a
    misdemeanor of the second degree; 6) Possession of Cocaine in violation of R.C.
    2925.11(A), a felony of the fifth degree; and 7) Obstructing Justice in violation of
    R.C. 2921.32(A)(5), a felony of the fifth degree. 
    Id. The first
    two counts contained
    repeat violent offender specifications. 
    Id. An amended
    bill of particulars was then
    filed on August 3, 2017. Doc. 51.
    {¶5} On November 14, 2017, the trial court held a change of plea hearing.
    Doc. 108. Pursuant to a plea agreement, Woodum agreed to plead guilty to Count
    3, Corrupting Another with Drugs. 
    Id. at Ex.
    A. In exchange for the guilty plea,
    the State agreed to dismiss the remaining six counts and the repeat violent offender
    specifications. 
    Id. The trial
    court discussed the change of plea with Woodum and
    eventually determined that it was voluntarily being made. Doc. 108. The trial court
    then accepted the guilty plea and found Woodum to be guilty. 
    Id. The State
    then
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    dismissed all remaining charges. 
    Id. The trial
    court proceeded immediately to
    sentencing. 
    Id. The trial
    court indicated that it had considered the record, the oral
    statements of Woodum, the victim impact statements, the pre-sentence investigation
    report from Montgomery County, and the statutory guidelines set forth in R.C.
    2929.11 and R.C. 2929.12. 
    Id. The trial
    court then sentenced Woodum to the
    maximum prison term of eight years. 
    Id. No fine
    was imposed and the costs of
    prosecution and attorney fees were waived.          
    Id. Woodum appeals
    from this
    judgment. Doc. 120. On appeal, Woodum raises the following assignments of
    error.
    First Assignment of Error
    Whether the trial court erred by failing to inform the defendant
    of all of his 2929.19 requirements?
    Second Assignment of Error
    Whether the trial court erred by failing to make a clear record of
    his considerations of 2929.11 and 2929.12 before sentencing the
    defendant to a maximum sentence?
    {¶6} In the first assignment of error, Woodum claims that the trial court erred
    by failing to inform Woodum that he cannot “ingest or be injected with a drug of
    abuse” and must submit to random drug testing while in prison as set forth in R.C.
    2929.19(B)(2)(f). This Court has addressed a similar argument in State v. Mason,
    3d Dist. Marion No. 9-05-21, 2006-Ohio-1998. In Mason, the defendant argued
    that the trial court erred by failing to notify him that he would be subject to drug
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    testing in prison. The trial court in Mason failed to notify the defendant of the
    requirements about ingesting drugs and possible drug testing. This Court held that
    since the purpose of the statute was to facilitate drug testing of prisoners, not to
    benefit the defendant, the failure to notify the defendant was not reversible error.
    
    Id. at ¶
    17. This determination has also been reached by many other districts. See
    also State v. Mavrakis, 9th Dist. Summit No. 27457, 2015-Ohio-4902; State v. Jones,
    1st Dist. Hamilton No. C130625, 2014-Ohio-3345; State v. Moore, 12th Dist.
    Clermont No. CA2014-02-016, 2014-Ohio-5191, State v. Leeson, 2d Dist.
    Montgomery No. 21993, 2007-Ohio-3704; and State v. Willet, 5th Dist. Muskingum
    No. CT2002-0024, 2003-Ohio-6357.
    {¶7} In this case, Woodum claims that the trial court committed prejudicial
    error by failing to inform him of the statutory requirements. Although the trial court
    is required to impose the restriction, the failure to address it in open court is not
    prejudicial error. Therefore, the first assignment of error is overruled.
    {¶8} Woodum argues in the second assignment of error that the trial court
    erred by not considering the statutory sentencing guidelines set forth in R.C.
    2929.11 and R.C. 2929.12. This court has previously held that trial courts have full
    discretion to impose any prison sentence within the statutory range as long as they
    consider the purposes and principles of felony sentencing and the seriousness and
    recidivism factors. State v. Alselami, 3d Dist. Hancock No. 5-11-31, 2012-Ohio-
    987, ¶ 21.    The trial court is not required to make any specific findings to
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    demonstrate the consideration of those general guidance set forth in R.C. 2929.11
    and 2929.12. 
    Id. R.C. 2929.11
    provides that sentences for a felony shall be guided
    by the overriding purposes of felony sentencing: “to protect the
    public from future crime by the offender and others and to punish
    the offender.” R.C. 2929.11(A). In order to comply with those
    purposes and principles, R.C. 2929.12 instructs a trial court to
    consider various factors set forth in the statute relating to the
    seriousness of the conduct and to the likelihood of the offender’s
    recidivism. R.C. 2929.12(A) through (D). In addition, a trial
    court may consider any other factors that are relevant to
    achieving the purposes and principles of sentencing. R.C.
    2929.12(E).
    
    Id. at ¶
    22. Woodum was convicted of a second degree felony. “For a felony of the
    second degree, the prison term shall be two, three, four, five, six, seven, or eight
    years.” R.C. 2929.14(A)(2). The sentence imposed by the trial court was within
    this statutory range. Thus, the only question before this court is whether the trial
    court considered the statutory factors set forth in R.C. 2929.11 and R.C. 2929.12.
    {¶9} A review of the record shows that the trial court had reviewed the
    presentence investigation report from Montgomery County, the prior criminal
    record of Woodum, and the fact that Woodum was under post-release control
    supervision at the time of the current offense. Tr. 35-37. The trial court also stated
    that he had reviewed the sentencing factors set forth in Title 29 and had reviewed
    the bill of particulars. Tr. 37. Based upon all that was before it, the trial court
    determined that a sentence of eight years in prison was appropriate. The facts before
    the trial court show that Woodum has a prior criminal record including a prior prison
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    term, that he was under supervision at the time of this offense, and that after
    supplying the victim with drugs that caused him to lose consciousness, Woodum
    took no steps to obtain medical help for the victim. The record also shows that even
    though Woodum admitted that he supplied the victims with drugs, he refused to
    acknowledge that he had a part in the victim’s death, indicating a lack of remorse.
    Given this evidence, the trial court had enough evidence to evaluate the statutory
    sentencing factors. Based upon the record before us, this Court does not find that
    the trial court abused its discretion in imposing the sentence it chose. The second
    assignment of error is overruled.
    {¶10} Having found no error prejudicial to the appellant, the judgment of the
    Court of Common Pleas of Logan County is affirmed.
    Judgment Affirmed
    ZIMMERMAN and SHAW, J.J., concur.
    /hls
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Document Info

Docket Number: 8-17-53

Judges: Willamowski

Filed Date: 6/25/2018

Precedential Status: Precedential

Modified Date: 6/25/2018