State v. Liming , 2019 Ohio 82 ( 2019 )

[Cite as State v. Liming, 2019-Ohio-82.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
CLERMONT COUNTY
STATE OF OHIO, :
Appellee, : CASE NOS. CA2018-05-028
CA2018-05-029
:
- vs - OPINION
: 1/14/2019
TYLER LIMING, :
Appellant. :
CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS
Case No. 2017CR000573
D. Vincent Faris, Clermont County Prosecuting Attorney, Nick Horton, 76 South Riverside
Drive, 2nd Floor, Batavia, OH 45103, for appellee
Stagnaro Hannigan Koop, Co., LPA, Michaela M. Stagnaro, 30 Garfield Place, Suite 760,
Cincinnati, OH 45202, for appellant
S. POWELL, P.J.
{¶ 1} Appellant, Tyler Liming, appeals from his conviction and aggregate 14-year
prison sentence he received in the Clermont County Court of Common Pleas after he pled
guilty to involuntary manslaughter, aggravated trafficking in drugs, and engaging in a
pattern of corrupt activity. For the reasons outlined below, we affirm the trial court's
decision.
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Indictments and Bill of Particulars
{¶ 2} On September 26, 2017, the Clermont County Grand Jury returned a five-
count indictment charging Liming with involuntary manslaughter, corrupting another with
drugs, two counts of aggravated trafficking in drugs, and aggravated possession of drugs.
According to the bill of particulars, these charges arose after Liming provided Brendann
Payne the drug U-47700 that ultimately resulted in Payne's death.1 During the investigation
into Payne's death, the bill of particulars indicates Liming was found to be in possession of
an additional 35 pills identified as the drug U-47700 that investigators believed Liming
intended to sell.
{¶ 3} On February 8, 2018, the Clermont County Grand Jury returned an additional
four-count indictment charging Liming with engaging in a pattern of corrupt activity,
trafficking in LSD, trafficking in drugs, and trafficking in hashish. According to the bill of
particulars, these charges arose after it was discovered Liming was involved with a group
of individuals whom he either engaged with or encouraged to commit a variety of criminal
offenses. These offenses included, but were not limited to, the possession and trafficking
of the drugs U-47700, LSD, Alprazolam (Xanax), hashish, Oxycodone, cocaine,
methamphetamine, and MDMA. The bill of particulars indicates Liming obtained these
drugs from the "dark web."2 The drugs were then delivered to Liming's apartment or another
location where Liming had access. Liming then sold the drugs himself or had another
person sell the drugs on his behalf.
1. The drug U-47700 is a highly potent synthetic opioid that is eight times stronger than morphine. The drug
is oftentimes pressed into a pill form to resemble legal painkillers. The drug that caused Payne's death in this
case was branded as a Percocet – a legal painkiller that is used to help relieve moderate to severe pain.
2. The "dark web" is a term used to refer to a collection of websites on an encrypted network that cannot be
found by using traditional search engines or visited by using traditional Internet browsers. Although legitimate
business may be conducted through the dark web, the dark web is oftentimes used for illegal activity such as
illegal trade and media exchange for pedophiles and terrorists.
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Liming's Guilty Plea
{¶ 4} On March 22, 2018, Liming entered a guilty plea to involuntary manslaughter,
aggravated trafficking in drugs, and engaging in a pattern of corrupt activity. In exchange
for Liming's guilty plea, the state agreed to dismiss the remaining charges against him.
After conducting the necessary Crim.R. 11 plea colloquy, the trial court accepted Liming's
guilty plea. The trial court then ordered a presentence-investigative report ("PSI") and
scheduled the matter for sentencing.
Sentencing Memoranda
{¶ 5} On March 30, 2018, Liming filed a sentencing memorandum. As part of this
memorandum, Liming noted that he would be 26 years old at the time of sentencing. Liming
also noted that he had graduated high school and that he had previously maintained
"sporadic employment" as a machinist at an industrial firm and as a manager of a local fast
food restaurant. Liming further noted his minimal criminal history and his guilty plea. This,
according to Liming, indicated that he had "accepted complete and full responsibility" for
his actions. Concluding, Liming advocated against imposing consecutive sentences by
noting he "is a young man with very little prior record."
{¶ 6} On April 16, 2018, the state filed its own sentencing memorandum. As part
of this memorandum, the state provided evidence indicating Liming had been involved in
trafficking a wide variety of drugs as early as January of 2016. The state also provided
evidence indicating Liming's drug trafficking activity expanded rapidly after he began
purchasing illegal drugs from the dark web. This includes the drug U-47700 that ultimately
resulted in Payne's death. This, according to the state, led to Liming being considered "a
major drug dealer in Clermont County" who investigators believed had brought an
"enormous amount" of drugs into Clermont County.
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{¶ 7} The state provided further evidence that Liming continued his drug trafficking
enterprise even after Payne's death by purchasing more illegal drugs from the dark web.
This resulted in Liming fleeing to Florida after he received a tip that the police were
continuing their investigation into his involvement in Payne's death. Liming was eventually
apprehended in Florida and extradited to Ohio. Once in Ohio, Liming made a series of jail-
house phone calls where he recounted his unwillingness to lead a law-abiding life.
Specifically, as Liming stated during one of these calls, "I can't stop breaking the law, and I
need to." Liming also stated that "this case isn't going to stop me from doing shit" and that
"I don't think I should be charged for this stupid kid's death."
Sentencing Hearing
{¶ 8} On April 26, 2018, the parties reconvened for purposes of sentencing. During
this hearing, Liming's trial counsel notified the trial court that the bulk of his argument in
mitigation was contained in his sentencing memorandum. However, although generally
deferring to his sentencing memorandum, Liming's trial counsel also noted Liming's age
and a "very minimal" criminal history. Liming's trial counsel further noted the findings set
forth in the PSI; namely, that Liming had been sexually abused as a child, thus leading to
his own prolonged illegal drug use. Liming's trial counsel concluded by claim Liming "feels
horrible about what happened here to Mr. Payne. If he knew this was going to happen, he
never would have given Mr. Payne the pill."
{¶ 9} Liming then spoke in allocution, wherein he apologized for his actions and
noted his own drug addiction. Liming also referenced his jail-house phone calls, stating: "I
was quoted saying I can't stop breaking the law and I need to. That was a spiritual
awakening I believe I was meant to have as a result of being incarcerated." Liming
thereafter stated, "I'm not asking for a light sentence but a fair one. In the wake of my
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actions, I'm aware a prison sentence is not only mandatory, but necessary."
{¶ 10} The trial court then heard from several of Payne's friends and family members
who, nearly unanimously, advocated for the trial court to impose the maximum sentence
allowable. The state next responded by noting the serious nature of the offenses and the
need to punish Liming for his conduct. This, according to the state, could be achieved by
sentencing Liming to a prison term of 15 to 20 years. The trial court then addressed Payne's
friends and family members in attendance. As part of this exchange, the trial court stated
the following:
So justice as defined by our legal system is me applying the
statutes that exist, going through the considerations and the
facts that I'm required to go through, considering all the facts
and circumstances, and then rendering the decision that I
believe is appropriate in these circumstances. I'm going to do
that and I'm going to explain to everybody, certainly including
Mr. Liming, the rationale in terms of why I'm imposing the
sentence that I'm imposing.
{¶ 11} The trial court also noted that it had considered "the record, the case file, the
documents contained in the case file, I've considered the pre-sentence investigation, which
I do incorporate into the record at this point, and all of the factual information contained
therein." The trial court further noted that it had considered the victim impact statement and
the letter provided by Liming's paternal grandfather.
{¶ 12} The trial court next addressed restitution for Payne's funeral expenses – an
amount that totaled $2,462. Upon determining the amount of restitution requested was
accurate, the trial court asked Liming if he had any objection to that amount being ordered
as restitution. Liming responded by stating "No, sir." The trial court then ordered Liming to
pay restitution to Payne's family in the amount of $2,462. The trial court, however, informed
Payne's family that it would be unlikely that any restitution would be "paid anytime soon, but
it is an order that could be converted to a civil setting to pursue collection proceedings."
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{¶ 13} Turning back to its sentencing decision, the trial court then reiterated that it
had considered the sentencing memoranda filed by both Liming and the state, the PSI, the
victim impact statement, an e-mail sent by an investigating officer in this case, Detective
Ken Mullis, the letter provided by Liming's paternal grandfather, as well as "all of the
statements that were made here today from all concerned, both counsel, Mr. Liming, and
all of the folks, friends and family of Mr. Payne who have spoken here today."
Consideration, as noted by the trial court, meant that it had "read them thoroughly,
considered the arguments and the facts, and have taken those arguments and facts into
consideration."
{¶ 14} Continuing, the trial court stated that it had "further considered the purposes
and principles of sentencing under 2929.11 and I have considered the seriousness and
recidivism factors under Revised Code section 2929.12." The trial court then specifically
addressing each of these factors noting the offenses were "very, very serious" when
considering Liming's "active participation in a criminal enterprise over nearly two years
where he was again actively involved in the trafficking of multiple different dangerous
drugs."
{¶ 15} The trial court also noted that because "the drug involved here [U-47700] was
so potent and so dangerous I believe [it] does make these offenses more serious than
conduct normally constituting the offense." The trial court then again noted its finding that
the "potency and lethality" of U-47700, when taken in conjunction with the fact Liming was
also involved in trafficking LSD, Alprazolam (Xanax), hashish, Oxycodone, cocaine,
methamphetamine, and MDMA, makes the offenses more serious than conduct normally
constituting crimes for which Liming pled guilty.
{¶ 16} The trial court further noted that Liming had a minimal criminal history that
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consisted of two minor drug abuse charges as an adult. The trial court, however,
determined that multiple factors indicated recidivism was nevertheless more likely in this
case. These factors included, but were not limited to, (1) Liming's active engagement in a
drug trafficking enterprise for nearly two years, (2) his continued criminal activity after he
was adjudicated a delinquent child for the crime if charged as adult would constitute
burglary, (3) his jail-house calls wherein Liming stated "I can't stop breaking the law, and I
need to" and "this case isn't going to stop me from doing shit," thus calling into question
Liming's claimed remorse he set forth in allocution, and (4) his continued drug trafficking
even after Payne's death. Therefore, as the trial court noted, "I do find here that * * *
recidivism is more likely rather than less likely."
{¶ 17} The trial court next stated:
The purposes and principles of sentencing in imposing a felony
sentence are to protect the public and to punish the Defendant
using the minimum sanctions necessary to accomplish those
purposes. I'm required to consider the need to incapacitate you,
Mr. Liming, the need to deter both you and others from
committing future crimes, the need to rehabilitate you, and the
need to make restitution to the victims, if possible.
The trial court also stated:
In terms of deterrence, this case is Exhibit A for illustrating the
scourge that drugs are having on our society. Your desire to
make easy money without regard for any of the potential
consequences to anyone else, coupled with [Payne's] desire to
use drugs, resulted in [Payne's] death and you going to prison
for an extended period of time.
{¶ 18} The trial court then imposed its sentence ordering Liming to serve eight years
in prison for involuntary manslaughter, 12 months in prison for aggravated trafficking in
drugs, and a mandatory five years in prison for engaging in a pattern of corrupt activity. The
trial court ordered each of the sentences to run consecutively for an aggregate sentence of
14 years in prison. In deciding to order each of the sentences to run consecutively, the trial
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court stated:
I find that the consecutive sentences are necessary to protect
the public from future crime and to punish you, and the
consecutive sentences are not disproportionate to the
seriousness of your conduct and to the danger that you pose to
the public.
I further find that at least two of these multiple offenses were
committed as part of one or more courses of conduct and that
the harm caused by two or more of these multiple offenses so
committed was so great or unusual that no single prison term
for any of the offenses committed as part of any of the courses
of conduct adequately reflect the seriousness of your conduct.
{¶ 19} The trial court then issued the necessary sentencing entries that again noted
it had considered the record and oral statements, the PSI, as well as the principles and
purposes of sentencing under R.C. 2929.11 and balanced the seriousness and recidivism
factors pursuant R.C. 2929.12 prior to issuing its sentencing decision. Liming now appeals,
raising two assignments of error for review.
Appeal
{¶ 20} Assignment of Error No. 1:
{¶ 21} THE TRIAL COURT ERRED AS A MATTER OF LAW BY IMPROPERLY
SENTENCING APPELLANT.
{¶ 22} In his first assignment of error, Liming argues the trial court erred by
sentencing him to serve an aggregate 14-year prison sentence. In support, Liming argues
the trial court failed to make the necessary consecutive sentence findings as required by
R.C. 2929.14(C)(4) prior to imposing consecutive sentences. Liming also argues the trial
court did not "truly consider" the principles and purposes of felony sentencing under R.C.
2929.11 and recidivism factors set forth by R.C. 2929.12 prior to issuing its sentencing
decision. Liming further argues the trial court erred by ordering him to pay restitution without
first determining if he had the present and future ability to pay. We find no merit to any of
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Liming's claims.
Standard of Review
{¶ 23} As with all felony sentences, we review the trial court's sentencing decision
under the standard of review set forth in R.C. 2953.08(G)(2). State v. Marcum, 146 Ohio
St.3d 516, 2016-Ohio-1002, ¶ 1. Pursuant to that statute, this court may modify or vacate
a sentence only if, by clear and convincing evidence, "the record does not support the trial
court's findings under relevant statutes or that the sentence is otherwise contrary to law."
State v. Harp, 12th Dist. Clermont No. CA2015-12-096, 2016-Ohio-4921, ¶ 7. A sentence
is not clearly and convincingly contrary to law where the trial court "considers the principles
and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly
imposes postrelease control, and sentences the defendant within the permissible statutory
range." State v. Ahlers, 12th Dist. Butler No. CA2015-06-100, 2016-Ohio-2890, ¶ 8. This
court may therefore "increase, reduce, or otherwise modify a sentence only when it clearly
and convincingly finds that the sentence is (1) contrary to law or (2) unsupported by the
record." State v. Brandenburg, 146 Ohio St. 3d 221, 2016-Ohio-2970, ¶ 1, citing Marcum at
¶ 7.
Consecutive Sentences
{¶ 24} Liming initially argues the trial court erred by imposing consecutive sentences
without first making the necessary consecutive sentence findings as required by R.C.
2929.14(C)(4). We disagree.
{¶ 25} Pursuant to R.C. 2929.14(C)(4), a trial court must engage in a three-step
analysis and make certain findings before imposing consecutive sentences. State v. Blair,
12th Dist. Butler No. CA2014-01-023, 2015-Ohio-818, ¶ 52. First, the trial court must find
a consecutive sentence is necessary to protect the public from future crime or to punish the
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offender. State v. Dillon, 12th Dist. Madison No. CA2012-06-012, 2013-Ohio-335, ¶ 9.
Second, the trial court must find that consecutive sentences are not disproportionate to the
seriousness of the offender's conduct and to the danger the offender poses to the public.
State v. Heard, 12th Dist. Butler Nos. CA2014-02-024, CA2014-02-025, and CA2014-05-
118, 2014-Ohio-5394, ¶ 10. Third, the trial court must find that at least one of the three
circumstances listed in R.C. 2929.14(C)(4)(a)-(c) applies; namely:
(a) The offender committed one or more of the multiple offenses
while the offender was awaiting trial or sentencing, was under a
sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under post-release control
for a prior offense.
(b) At least two of the multiple offenses were committed as part
of one or more courses of conduct, and the harm caused by two
or more of the multiple offenses so committed was so great or
unusual that no single prison term for any of the offenses
committed as part of any of the courses of conduct adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates that
consecutive sentences are necessary to protect the public from
future crime by the offender.
"A trial court satisfies the statutory requirement of making the required findings when the
record reflects that the court engaged in the required analysis and selected the appropriate
statutory criteria." State v. Setty, 12th Dist. Clermont Nos. CA2013-06-049 and CA2013-
06-050, 2014-Ohio-2340, ¶ 113.
{¶ 26} When imposing consecutive sentences, a trial court is not required to provide
a word-for-word recitation of the language of the statute or articulate reasons supporting its
findings. State v. Coffman, 12th Dist. Butler No. CA2015-01-014, 2015-Ohio-2990, ¶ 29,
citing State v. Bonnell, 140 Ohio St. 3d 209, 2014-Ohio- 3177, ¶ 27, 29. "Nevertheless, the
record must reflect that the trial court engaged in the required sentencing analysis and made
the requisite findings." State v. Moore, 12th Dist. Clermont No. CA2014-02-016, 2014-Ohio-
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5191, ¶ 12. The trial court's findings must then be incorporated into its sentencing entry.
Id., citing Bonnell at ¶ 37. Therefore, "as long as the reviewing court can discern that the
trial court engaged in the correct analysis and can determine that the record contains
evidence to support the findings, consecutive sentences should be upheld." Bonnell at ¶
29.
{¶ 27} As noted above, Liming claims the trial court erred by imposing consecutive
sentences without first making the necessary consecutive sentence findings as required by
R.C. 2929.14(C)(4). This is because, according to Liming, the trial court did nothing more
than state the "talismanic words" without ever actually considering the consecutive
sentencing factors. Liming, however, can point to nothing in the record to support his claim
that the trial court somehow skirted its statutory obligations prior to imposing consecutive
sentences. Rather, as the trial court stated in imposing consecutive sentences:
I find that the consecutive sentences are necessary to protect
the public from future crime and to punish you, and the
consecutive sentences are not disproportionate to the
seriousness of your conduct and to the danger that you pose to
the public.
I further find that at least two of these multiple offenses were
committed as part of one or more courses of conduct and that
the harm caused by two or more of these multiple offenses so
committed was so great or unusual that no single prison term
for any of the offenses committed as part of any of the courses
of conduct adequately reflect the seriousness of your conduct.
{¶ 28} The trial court then incorporated these findings into its sentencing entries.
Liming's claim the trial court did nothing more than state the "talismanic words" without ever
actually considering the consecutive sentencing factors set forth in R.C. 2929.14(C)(4)
lacks merit and is based on nothing more than pure speculation. This is because, as noted
by the state, there is no case law to support Liming's claim that the trial court must do
anything more than state its findings when the record otherwise reflects that the trial court
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engaged in the required sentencing analysis and made the requisite consecutive
sentencing findings as required by R.C. 2929.14(C)(4). That is exactly what the trial court
did here.
{¶ 29} We also find no merit to Liming's claim that the record does not contain
sufficient evidence to support the trial court's consecutive sentence findings. Rather, as
noted more fully above, the record contains extensive evidence to support the trial court's
decision to impose consecutive sentences. For instance, as the trial court explicitly stated
when issuing its sentencing decision, the offenses are "very, very serious" when considering
Liming's "active participation in a criminal enterprise over nearly two years where he was
again actively involved in the trafficking of multiple different dangerous drugs." The trial
court also noted:
[T]his case is Exhibit A for illustrating the scourge that drugs are
having on our society. Your desire to make easy money without
regard for any of the potential consequences to anyone else,
coupled with [Payne's] desire to use drugs, resulted in [Payne's]
death and you going to prison for an extended period of time.
We agree with the trial court's decision. Therefore, because we find no error in the trial
court's decision to impose consecutive sentences, Liming's claim the trial court erred by
imposing consecutive sentences lacks merit.
Principles and Purposes of Sentencing
{¶ 30} Liming also argues the trial court sentencing decision was improper because
the trial court did not "truly consider" the principles and purposes of felony sentencing under
R.C. 2929.11 and recidivism factors set forth by R.C. 2929.12 prior to issuing its sentencing
decision. We again disagree.
{¶ 31} After a full and thorough review of the record, it is clear the trial court fully
considered all relevant factors as set forth under both R.C. 2929.11 and 2929.12 prior to
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issuing its sentencing decision. Again, as the trial court explicitly stated at the sentencing
hearing:
So justice as defined by our legal system is me applying the
statutes that exist, going through the considerations and the
facts that I'm required to go through, considering all the facts
and circumstances, and then rendering the decision that I
believe is appropriate in these circumstances. I'm going to do
that and I'm going to explain to everybody, certainly including
Mr. Liming, the rationale in terms of why I'm imposing the
sentence that I'm imposing.
{¶ 32} The trial court also specifically stated that it had "further considered the
purposes and principles of sentencing under 2929.11 and I have considered the
seriousness and recidivism factors under Revised Code section 2929.12." This was in
addition to the sentencing memoranda filed by both Liming and the state, the PSI, the victim
impact statement, the e-mail sent by an investigating officer in this case, Detective Ken
Mullis, the letter provided by Liming's paternal grandfather, as well as "all of the statements
that were made here today from all concerned, both counsel, Mr. Liming, and all of the folks,
friends and family of Mr. Payne who have spoken here today." Consideration, as noted by
the trial court, meant that it had "read them thoroughly, considered the arguments and the
facts, and have taken those arguments and facts into consideration." The trial court then
reiterated that it had considered both the principles and purposes of sentencing under R.C.
2929.11 and balanced the seriousness and recidivism factors of R.C. 2929.12 prior to
issuing its sentencing decision as part of the necessary sentencing entries.
{¶ 33} Liming disagrees with the trial court's sentencing decision and the manner
that the trial court balanced the relevant factors set forth under both R.C. 2929.11 and
2929.12. But, as this court has stated previously, "[t]he trial court, in imposing a sentence,
determines the weight afforded to any particular statutory factors, mitigating grounds, or
other relevant circumstances." State v. Steger, 12th Dist. Butler No. CA2016-03-059, 2016-
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Ohio-7908, ¶ 18, citing State v. Stubbs, 10th Dist. Franklin No. 13AP-810, 2014-Ohio-3696,
¶ 16. "The fact that the trial court chose to weigh various sentencing factors differently than
how [Liming] would have weighed them does not mean the trial court erred in imposing
[Liming's] sentence." State v. Abrams, 12th Dist. Clermont Nos. CA2017-03-018 and
CA2017-03-019, 2017-Ohio-8536, ¶ 17. Liming's claim otherwise lacks merit.
Present and Future Ability to Pay Restitution
{¶ 34} Liming further argues the trial court erred by ordering him to pay restitution
without first considering his present and future ability to pay. We disagree.
{¶ 35} It is undisputed that Liming did not object to the trial court's restitution order
at the sentencing hearing, nor did he dispute the amount that was imposed, thereby waiving
all but plain error. State v. Sesic, 12th Dist. Madison No. CA2012-08-020, 2013-Ohio-2864,
¶ 6. Pursuant to Crim.R. 52(B), "[p]lain errors or defects affecting substantial rights may be
noticed although they were not brought to the attention of the court." Plain error does not
exist unless the error is obvious and, but for the error, the outcome of the trial would have
been different. State v. Yanez, 12th Dist. Butler No. CA2016-10-190, 2017-Ohio-7209, ¶
23. Notice of plain error must be taken with utmost caution, under exceptional
circumstances and only to prevent a manifest miscarriage of justice. State v. Baldev, 12th
Dist. Butler No. CA2004-05-106, 2005-Ohio-2369, ¶ 12.
{¶ 36} Pursuant to R.C. 2929.19(B)(5), before ordering restitution, the trial court must
first "consider the offender's present and future ability to pay the amount of the sanction[.]"
There are no express factors that must be considered nor are there any specific findings
that must be made regarding the offender's ability to pay. State v. Dandridge, 12th Dist.
Butler No. CA2003-12-330, 2005-Ohio-1077, ¶ 6. The record, however, must contain some
evidence to show that the trial court acted in accordance with the statutory requirement that
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it consider the offender's present and future ability to pay. State v. Lang, 12th Dist. Brown
No. CA2011-03-007, 2011-Ohio-5742, ¶ 12, citing State v. Adkins, 144 Ohio App. 3d 633,
647 (12th Dist.2001). This court looks to the totality of the record to see if this requirement
has been satisfied. State v. Rabe, 12th Dist. Clermont No. CA2013-09-068, 2014-Ohio-
2008, ¶ 74.
{¶ 37} The record in this case clearly indicates the trial court met its statutory
requirement that it consider Liming's present and future ability to pay restitution. As the
record indicates, prior to setting up his drug trafficking enterprise, Liming, who was then just
26 years old, had graduated from high school and worked as a machinist at an industrial
firm and as a manager of a local fast food restaurant. The PSI indicates Liming also
attended a technical college after graduating high school where he received vocational
training in sports medicine, CPR, and first-aid certifications. The PSI further indicates
Liming reported his overall physical health as "good" and that he was not currently under
the care of any medical professionals.
{¶ 38} As the record indicates, the trial court specifically stated that it had considered
these issues prior to issuing its sentencing decision. We find the same to be true regarding
the trial court's decision to order Liming to pay $2,420 in restitution. Therefore, although
Liming will be approximately 40 years old upon his release from prison, there is nothing in
the record to indicate Liming would be unable to obtain some form of employment that
would provide him with sufficient income to pay the trial court's restitution order. Liming's
claim otherwise lacks merit.
No Error in the Trial Court's Sentencing Decision and Order of Restitution
{¶ 39} The trial court went to great lengths to explain the rationale behind its
sentencing decision and order of restitution at the sentencing hearing – an explanation that
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spanned a total of 20 of the 37 pages of sentencing hearing transcript. Nothing about the
trial court's sentencing decision and order of restitution was improper. Rather, as the trial
court noted, "this case is Exhibit A for illustrating the scourge that drugs are having on our
society," thereby necessitating the trial court's sentencing decision in this case. We agree.
Therefore, because the trial court neither erred by sentencing Liming to serve an aggregate
14-year prison sentence nor erred by ordering Liming to pay $2,420 in restitution, Liming's
first assignment of error lacks merit and is overruled.
{¶ 40} Assignment of Error No. 2:
{¶ 41} APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL IN
VIOLATION OF HIS CONSTITUTIONAL RIGHTS THUS PREJUDICING HIS RIGHT TO A
FAIR HEARING.
{¶ 42} In his second assignment of error, Liming argues he received ineffective
assistance of counsel when his trial counsel failed to object to the trial court's order of
restitution. However, as noted above, the trial court did not err by ordering Liming to pay
$2,420 in restitution in this case. Therefore, finding no error in the trial court's decision
ordering him to pay restitution, Liming did not receive ineffective assistance of counsel when
his trial counsel failed to object to the same. Liming's second assignment of error lacks
merit and is overruled.
{¶ 43} Judgment affirmed.
PIPER and M. POWELL, JJ., concur.
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