State v. Geran , 2019 Ohio 3421 ( 2019 )

[Cite as State v. Geran, 2019-Ohio-3421.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Appellee, : CASE NO. CA2019-01-016
: OPINION
- vs - 8/26/2019
:
JAMES E. GERAN, :
Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2018-06-1093
Michael T. Gmoser, Butler County Prosecuting Attorney, Willa Concannon, Government
Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011, for appellee
Michele Temmel, 6 S. Second Street, #305, Hamilton, Ohio 45011, for appellant
PIPER, J.
{¶ 1} Appellant, James Geran, appeals his sentence by the Butler County Court of
Common Pleas after pleading guilty to aggravated murder and murder, as well as
accompanying firearm specifications.
{¶ 2} Geran murdered his first victim, Megan Motter, by shooting her in the head.
During the police investigation into Motter's murder, Geran went to the apartment of his
Butler CA2019-01-016
girlfriend's mother, Sharon McCleary. At the time, Sharon, Geran's girlfriend, and Sharon's
other daughter were inside. Sharon was blind and essentially incapacitated due to health
problems.
{¶ 3} When police arrived at the apartment looking for Geran, he began shooting at
police and held the three women hostage. During the standoff, Geran released his girlfriend
and her sister escaped. However, Geran shot Sharon in the face and killed her. Geran then
attempted suicide by shooting himself.
{¶ 4} Geran was indicted on several counts related to the murders and police
standoff. Geran eventually pled guilty to aggravated murder, murder, and accompanying
firearm specifications. The trial court sentenced Geran to life without the possibility of parole
and the consecutive three-year required sentence for the accompanying firearm specification.
The trial court sentenced Geran to 15 years to life for the murder charge and a three-year
mandatory sentence for the accompanying firearm specification.
{¶ 5} Geran now appeals his sentence, arguing that the trial court erred in sentencing
him without first considering the statutory factors stated in R.C. 2929.11 and R.C. 2929.12 as
a sentencing court is required to do. However, we lack jurisdiction to review Geran's
sentence.
{¶ 6} According to R.C. 2953.08(D)(3), "a sentence imposed for aggravated murder
or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to
review under this section." R.C. 2929.02 to 2929.06 specifically set forth the sentences for
murder and aggravated murder, the two crimes for which Geran was convicted.
{¶ 7} The right to appellate review is conferred by statute, not by constitution. State
v. Grevious, 12th Dist. Butler No. CA2018-05-093, 2019-Ohio-1932. Given that there is no
statutory right to review sentences for aggravated murder and murder pursuant to R.C.
-2-
Butler CA2019-01-016
2953.08(D)(3), this court lacks jurisdiction to consider Geran's arguments and his appeal is
hereby dismissed.
RINGLAND, P.J., and M. POWELL, J., concur.
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